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- DescriptionThis 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 ather, 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.
- Author BiographyLars Vinx is an assistant professor in the Department of Philosophy at Bilkent University, Ankara, Turkey. His main areas of interest are legal and political theory, constitutional theory and the history of political thought.
- PublisherCambridge University Press
- Date of Publication06/02/2015
- SubjectLaw: General & Reference
- Series TitleCambridge Studies in Constitutional Law
- Series Part/Volume Number12
- Place of PublicationCambridge
- Country of PublicationUnited Kingdom
- ImprintCambridge University Press
- Content Noteblack & white illustrations
- Weight560 g
- Width152 mm
- Height228 mm
- Spine17 mm
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