The Guardian of the Constitution

Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law (Cambridge Studies in Constitutional Law)
Carl Schmitt - The Guardian of the Constitution
Buy Now
Hardcover
ISBN 10: 1-107-09268-X
ISBN 13: 978-1-107-09268-6
Amazon

Kindle
ASIN: B00Q8TX1F8
Amazon

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.

Curator Comments
Subject References
Author/Contributor(s)
Carl Schmitt
Carl Schmitt
Carl Schmitt was a conservative German legal, constitutional, and political theorist. Schmitt is often considered to be one of the most important critics of liberalism, parliamentary democracy, and liberal cosmopolitanism.

Occupations: Political Theorist, Jurist, Historian, Philosopher
Specialties: Political Analysis
Works catalogued:
Language
Similar Works
The Guardian of the Constitution
by Carl Schmitt
Carl Schmitt - The Guardian of the Constitution
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...