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The Guardian of the Constitution Edited and Lars Vinx (Bilkent University, Ankara)

The Guardian of the Constitution By Edited and Lars Vinx (Bilkent University, Ankara)

The Guardian of the Constitution by Edited and Lars Vinx (Bilkent University, Ankara)

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Summary

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'.

The Guardian of the Constitution Summary

The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law by Edited and Lars Vinx (Bilkent University, Ankara)

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.

The Guardian of the Constitution Reviews

'The debate between Kelsen and Schmitt is far richer and more timely than the foregoing brief overview can suggest. Vinx has provided a great service in executing a fluent and accessible translation, in writing an illuminating and erudite introduction, and in making the constitutional writings of Kelsen and Schmitt available to a wider audience than was previously the case. And Vinx has provided an additional service in reminding us that many of the important figures in the history of legal theory were also on the front lines of salient legal disputes offering arguments that put their theoretical positions in very concrete contexts.' Frederick Schauer, The New Rambler

About Edited and Lars Vinx (Bilkent University, Ankara)

Lars 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.

Table of Contents

Introduction; 1. Kelsen on the nature and development of constitutional adjudication; 2. The guardian of the constitution: Schmitt's argument against judicial review; 3. The guardian of the constitution: Schmitt on the President as 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 the 25th of October 1932.

Additional information

NPB9781107092686
9781107092686
110709268X
The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law by Edited and Lars Vinx (Bilkent University, Ankara)
Edited and Lars Vinx (Bilkent University, Ankara)
Cambridge Studies in Constitutional Law
New
Hardback
Cambridge University Press
2015-02-19
290
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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