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Hans Kelsen on Constitutional Democracy: Genesis, Theory, Legacies

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Hans Kelsen on Constitutional Democracy: Genesis, Theory, Legacies

Name: Hans Kelsen on Constitutional Democracy: Genesis, Theory, Legacies
Brand: Cambridge University Press
SKU: 9781009230377
Price: 1450.15 HKD
Availability: InStock
Author: Sandrine Baume; David Ragazzoni
ISBN: 9781009230377

Edited by Sandrine Baume · David Ragazzoni

Cambridge University Press February 2026

Specifications

ISBN-13: 9781009230377
Publisher: Cambridge University Press
Publication: February 2026
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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This volume challenges conventional interpretations by demonstrating that Hans Kelsen was far from being a purely formalist thinker. Instead, it highlights his profound and enduring engagement with the threats facing constitutional democracies. The political and institutional upheavals of interwar Europe significantly influenced Kelsen's evolving vision of democracy, as this volume shows. His contributions to 20th-century democratic theory include groundbreaking insights into multiparty systems, mechanisms of moderation, minority protections, and judicial review. Furthermore, Kelsen's reflections on the crises and collapses of democracies during the 1930s remain strikingly relevant, offering valuable perspectives on contemporary challenges such as polarization and populism.

This title is also available as Open Access on Cambridge Core.

Introduction

Sandrine Baume and David Ragazzoni

Part I. Genesis:

1. The forgotten beginnings of Kelsen as a political and legal theorist: 'Dante Alighieri's philosophy of the state' (1905)

David Ragazzoni

2. The making of Kelsen's concept of democracy

Matthias Jestaedt

3. The origins of the fragility of interwar democracies

Kelsen and Neumann Peter Langford

4. Ideal and real democracy in Hans Kelsen's political work (1918–1955)

Sara Lagi

Part II. Theory:

5. The essence and value of political parties

Nadia Urbinati

6. Relativism and leadership in Kelsen's theory of democracy

Carlo Invernizzi Accetti and Nicole Peisajovich

7. Revisiting Kelsen's party constitutionalism

Fabio Wolkenstein

8. Kelsen's argument for constitutional review: a reappraisal

Lars Vinx

9. Constitutionalism, democracy, and international law in Kelsen's pure theory of law

David Dyzenhaus

Part III. Legacies:

10. The genius of democracy: Kelsen and Schumpeter

Adam Przeworski

11. Hans Kelsen, Leo Strauss, and the crisis of American democracy

William Scheuerman

12. Can't we all just get along? Revisiting Kelsen's account of parliamentarism, parties, and compromise

Jan-Werner Müller

13. The Kelsenian critique of militant democracy: its contemporary echoes

Sandrine Baume

Afterword

Duncan Kelly

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Hans Kelsen on Constitutional Democracy: Genesis, Theory, Legacies

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Table of Contents

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