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The Guardian of the Constitution Controversy: Kelsen contra Schmitt, 1927-1933

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The Guardian of the Constitution Controversy: Kelsen contra Schmitt, 1927-1933

The Guardian of the Constitution Controversy: Kelsen contra Schmitt, 1927-1933

Author: Christopher Adair-Toteff
Publisher: Routledge
ISBN: 9781041065883
Published In: September 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,015.00

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Widely considered two of the most controversial legal scholars, Hans Kelsen and Carl Schmitt have been the subject of debate for almost a century. This book focuses on a limited, but extremely important, controversy between Kelsen and Schmitt: the answer to the question regarding the proper guardian of the constitution. This is a debate that goes to the heart of political power and legal thinking. The work presents a detailed examination of the three key documents from 1927 to 1933 regarding this controversy. An understanding of these writings will aid in comprehending the larger controversy between Kelsen and Schmitt regarding discussion or decisionism, law or power, and democracy or dictatorship.

As much about the conflict between pluralism and unity and between democracy and autocracy as it is about a specific historical controversy, this study will be of interest to academics and researchers working in the areas of Jurisprudence and Legal Philosophy, Constitutional Law and Theory, Political Philosophy and Legal History.

1.

The Guardian of the Constitution: Kelsen Contra Schmitt

2.

Kelsen and Schmitt 1914-1933

3.

Schmitt’s First Essay: “Reichsgericht als Hüter der Verfassung”

4.

Constitutionality

5.

Schmitt’s “Guardian of the Constitution”

6.

Schmitt’s "Hüter der Verfassung"

7.

Kelsen: "Wer soll der Hüter der Verfassung sein?"

8.

Kelsen Contra Schmitt: Concluding Comments

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