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This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.
International law --- History. --- Kelsen, Hans, --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס, --- Law --- General and Others --- International law - History --- Kelsen, Hans, - 1881-1973
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Law and politics --- Politics --- State, The --- Droit et politique --- Etat --- Congresses --- Philosophy --- Congrès --- Kelsen, Hans, --- Schmitt, Carl, --- Weber, Max, --- Law --- Weber, Max --- Schmitt, Carl --- Kelsen, Hans --- Political aspects --- Congresses. --- Congrès --- Law - Philosophy - Congresses --- Law and politics - Congresses --- Weber, Max, - 1864-1920 - Congresses --- Schmitt, Carl - Congresses --- Kelsen, Hans, - 1881-1973 - Congresses --- Weber, Max, - 1864-1920 --- Kelsen, Hans, - 1881-1973
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International law --- Droit international --- International law. --- International Law --- DROIT INTERNATIONAL --- Droit international et droit interne --- Droit --- Kelsen, Hans (1881-1973) --- Société des Nations --- Organisations internationales --- PHILOSOPHIE --- Philosophie --- Théorie --- Sources
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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.
Constitutional law --- Executive power --- Philosophy --- Kelsen, Hans, --- Schmitt, Carl, --- Correspondence --- Judicial review --- Review, Judicial --- Courts --- Delegation of powers --- Judicial power --- Legislation --- Legislative power --- Rule of law --- Separation of powers --- Constitutional law - Philosophy --- Executive power - Germany --- Kelsen, Hans, - 1881-1973 - Correspondence --- Schmitt, Carl, - 1888-1985 - Correspondence --- Philosophy. --- Correspondence. --- Schmitt-Dorotić, Carl, --- Dorotić, Carl Schmitt-, --- Shumitto, Kāru, --- Shmitt, Karl, --- שמיט, קרל, --- Šmit, Karl, --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס, --- Kelsen, Hans, - 1881-1973 --- Schmitt, Carl, - 1888-1985
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Legal theory and methods. Philosophy of law --- Kelsen, Hans --- --Théorie du droit --- --Law --- Philosophy --- Kelsen, Hans, --- 340.1 --- Rechtstelsels: soorten en vormen --- Law --- -Philosophy --- Philosophy. --- 340.1 Rechtstelsels: soorten en vormen --- Jurisprudence --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס, --- Théorie du droit --- Law - Philosophy --- Kelsen, Hans, - 1881-1973
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Legal theory and methods. Philosophy of law --- Kelsen, Hans --- Law --- State, The --- Rule of law --- Legal positivism --- Philosophy --- Kelsen, Hans, --- State, The. --- Rule of law. --- Legal positivism. --- Philosophy. --- Administration --- Commonwealth, The --- Supremacy of law --- Legal neopositivism --- Neopositivism in law --- Sovereignty --- Political science --- Administrative law --- Constitutional law --- Jurisprudence --- Positivism --- Law - Philosophy --- Kelsen, Hans, - 1881-1973 - Reine Rechtslehre
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