EAN: 9783428180998

Bilder-Quelle: discount24.de - Sport-Freizeit

Law or Politics? The Controversy between Kelsen and Schmitt on Constitutional Adjudication and the Current State of Affairs While it is no longer contested that a state goes hand in hand with a constitution it is less clear whether a constitution entails a constitutional court. In a paradigmatic way this question was discussed among two of the most eminent jurists of the first half of the 20th century Hans Kelsen and Carl Schmitt. Kelsen regarded constitutional adjudication as a logical consequence of constitutionalism. Schmitt rejected it because he had a different guardian of the constitution in mind. In the second half of the 20th century Kelsen's view prevailed. Constitutional courts were established all over the world. In the beginning of the 21st century criticism of judicial review gains ground. Ultimately it is always about the relationship between law and politics so as well in this essay.

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17.03.2025 um 12:05 Uhr

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