1st Edition
The Guardian of the Constitution Controversy Kelsen contra Schmitt, 1927–1933
By Christopher Adair-Toteff
Copyright 2027
156 Pages
by
Routledge
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... Read more
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
Biography
Christopher Adair-Toteff is a philosopher and social theorist whose scholarly interests are imterdisciplinary and who focuses on the intersections of philosophy, social sciences, economics, and particularly, political theory and law.
