The guardian of the constitution : Hans Kelsen and Carl Schmitt on the limits of constitutional law / translation, introduction, and notes by Lars Vinx.

United Kingdom : Cambridge University Press, 2015.

K339 .G83 2015

9781107092686 (hardback)
110709268X (hardback)

ix, 279 pages ; 24 cm.

(OCoLC)885027098

"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"-- Provided by publisher.
"The aim of this series is to produce leading monographs in constitutional law. All areas of constitutional law and public law fall within the ambit of the series, including human rights and civil liberties law, administrative law, as well as constitutional theory and the history of constitutional law. A wide variety of scholarly approaches is encouraged, with the governing criterion being simply that the work is of interest to an international audience"-- Provided by publisher.

Includes bibliographical references (pages 266-273) and index.

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