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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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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 --- 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