The guardian of the constitution : Hans Kelsen and Carl Schmitt on the limits of constitutional law / edited and translated by Lars Vinx.

Format:

Book

Contributor:

Vinx, Lars, editor, translator.

Series:

Cambridge studies in constitutional law

Language:

English

German

Subjects (All):

Kelsen, Hans, 1881-1973--Correspondence.

Kelsen, Hans.

Schmitt, Carl, 1888-1985--Correspondence.

Schmitt, Carl.

Schmitt, Carl, 1888-1985.

Kelsen, Hans, 1881-1973.

Constitutional law--Philosophy.

Constitutional law.

Executive power--Germany.

Executive power.

Germany.

Physical Description:

1 online resource (ix, 279 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2015.

System Details:

text file

PDF

Summary:

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.

Contents:

1. Kelsen on the nature and development of constitutional adjudication

2. The guardian of the constitution : Schmitt's argument against constitutional review

3. The guardian of the constitution : Schmitt on pluralism and the president as the guardian of the constitution

4. Who ought to be the guardian of the constitution? : Kelsen's reply to Schmitt

5. Prussia contra Reich : Schmitt's closing statement in Leipzig

6. Kelsen on the judgment of the Staatsgerichtshof of 25 of October 1932.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781316136256

Access Restriction:

Restricted for use by site license.