The Guardian of the Constitution : Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law
Book Details
Format
Hardback or Cased Book
Book Series
Cambridge Studies in Constitutional Law
ISBN-10
110709268X
ISBN-13
9781107092686
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Feb 19th, 2015
Print length
290 Pages
Weight
568 grams
Dimensions
23.70 x 15.80 x 2.20 cms
Product Classification:
Constitutional & administrative lawConstitutional and administrative law: general
Ksh 19,600.00
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As the terminal crisis of the Weimar Republic intensified, Hans Kelsen and Carl Schmitt debated whether the Weimar Constitution should be protected by a constitutional court or by presidential dictatorship. This volume provides the first translation of Kelsen's and Schmitt's famous and influential exchange on the 'Guardian of the Constitution'.
This volume provides the first English translation of Hans Kelsen's and Carl Schmitt's influential Weimar-era debate on constitutional guardianship and the legitimacy of constitutional review. It includes Kelsen's seminal piece, 'The Nature and Development of Constitutional Adjudication', as well as key extracts from the 'Guardian of the Constitution' which present Schmitt's argument against constitutional review. Also included are Kelsen's review of Schmitt's 'Guardian of the Constitution', as well as some further material by Kelsen and Schmitt on presidential dictatorship under Article 48 of the Weimar Constitution. These texts show Kelsen and Schmitt responding to one another, in the context of a debate focused on a concrete constitutional crisis, thus allowing the reader to assess the plausibility of Kelsen's and Schmitt's legal and constitutional theories.
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