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Vol 21 No 11 Nov/Dec 2016

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The Guardian of the Constitution: Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law

Edited by: Lars Vinx

ISBN13: 9781107092686
Published: February 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £65.00



Despatched in 6 to 8 days.

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.

Subjects:
Constitutional and Administrative Law
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.

Series: Cambridge Studies in Constitutional Law

Building the Constitution: The Practice of Constitutional Interpretation in Post-Apartheid South Africa ISBN 9781107124097
To be published December 2016
Cambridge University Press
£64.99
Dimensions of Dignity: The Theory and Practice of Modern Constitutional Law ISBN 9781107084285
Published September 2016
Cambridge University Press
£69.99
Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107622487
Published October 2015
Cambridge University Press
£22.99
Reason of State: Law, Prerogative and Empire ISBN 9781107089891
Published July 2015
Cambridge University Press
£69.99
Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107625907
Published December 2013
Cambridge University Press
£24.99
Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel ISBN 9781107038998
Published December 2013
Cambridge University Press
£64.99
Balancing Constitutional Rights: The Origins and Meanings of Postwar Legal Discourse ISBN 9781107044418
Published December 2013
Cambridge University Press
£60.00
£34.99
Proportionality and Constitutional Culture ISBN 9781107021860
Published June 2013
Cambridge University Press
£60.00
Proportionality and Constitutional Culture ISBN 9781107605718
Published June 2013
Cambridge University Press
£24.99
The Politics of Principle: The First South African Constitutional Court, 1995-2005 ISBN 9781107619067
Published March 2013
Cambridge University Press
£39.99
Judging Social Rights ISBN 9781107400320
Published May 2012
Cambridge University Press
£29.99
Proportionality: Constitutional Rights and their Limitations ISBN 9781107008588
Published January 2012
Cambridge University Press
£79.99
Proportionality: Constitutional Rights and Their Limitations ISBN 9781107401198
Published January 2012
Cambridge University Press
£39.99
Parliamentary Sovereignty: Contemporary Debates ISBN 9780521140195
Published July 2010
Cambridge University Press
£30.99