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Hans Kelsen's Judicial Decisionism versus Carl Schmitt's Concept of ...


Hans Kelsen's Judicial Decisionism versus Carl Schmitt's Concept of ...

Kelsen's decisionist stance of judicial decision-making was tamed by his constructivist 'Kantian' approach to law.

On political theology: A controversy between Hans Kelsen and Carl ...

The 'legal miracle'—in this context meaning the occasional autonomization of the state from law—was for Schmitt the manifestation of sovereign power. However, ...

Behind the theoretical debate between Hans Kelsen and Carl Schmitt

KEYWORDS: German public law – legal positivism – decisionism – constitutional jurisdiction. – guardian of the constitution. * Professor of Law at Catholic ...

schmitt v. (?) kelsen: the total state of exception posited for ... - Sciendo

Carl Schmitt, Hans Kelsen, state of exception, positivism, normativism, political ... While Schmitt‟s conception is often called decisionism, Kelsen‟s is almost.

Schmitt v. (?) Kelsen

Carl Schmitt, Hans Kelsen, state of exception, positivism, normativism, political ... While Schmitt‟s conception is often called decisionism, ...

Decisionism - Cristi - Major Reference Works - Wiley Online Library

Decisionism highlights Schmitt's disagreement with Hans Kelsen's pure theory of the juridical. For Kelsen supposedly every case of judicial ...

Hans Kelsen and Carl Schmitt on the Limits of Constitutional Law

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 ...

Carl Schmitt's Critique of Liberal Constitutionalism - jstor

of Schmitt's main intellectual opponent, Hans Kelsen's legal positivism. Despite growing interest in the ideas of Carl Schmitt, twentieth-century Germany's ...

Who's Afraid of the Constitutional Judge? Decisionism and Legal ...

I am referring to the de-bate on the “keeper of the constitution” that saw Carl Schmitt and Hans Kelsen go head to head during the crisis of the Weimar Republic ...

ITSELF": CARL SCHMIIT ON HOBBES 'AND KELSEN - TSpace

We will then be in a position to, assess whether Schmitt speaks to contem- porary debates in political and -legal theory. SCHMITT'S UNDERSTANDING ,OF LmE;RALISM ...

Ethics of decisionism: Carl Schmitt's theological blind spot

The following essay analyses the theological origins of Schmitt's understanding of sovereignty. The problem of sovereignty and his controversy with Hans ...

Vagdoutis, Nikolaos (2018) Hans Kelsen and Carl Schmitt in Weimar

Part B: Carl Schmitt and Hans Kelsen: Between state and legal theory ... role or is it incompatible with Kelsen's theory of democracy and with the judicial role ...

The Power of Purity: Preliminary Notes for an Archaeology of ...

In this paper I will try to subsume what Carl Schmitt referred to as the three types of juristic thought – positivism, decisionism and institutionalism – under ...

David Dyzenhaus, Legality and Legitimacy: Carl Schmitt, Hans ...

Dyzenhaus points out a basic similarity between Heller's and Schmitt's objections to Kelsen's positivism. Both critics realized that if one consistent formal ...

(PDF) Behind the theoretical debate between Hans Kelsen and Carl ...

... Hans Kelsen's Neokantian positivism and Carl Schmitt's decisionism. ... legal theories (especially ... Carl Schmitt and Hans Kelsen on constitutional theory.

What Is Exceptionalist Decisionism? (Chapter 1) - Carl Schmitt's ...

It is anti-normativist in that legal norms, for Schmitt, offer no reliable access to the phenomenon of law, unlike the exception – namely, the ...

or how Hans Kelsen justified “judicial activism”

In the interwar period, Carl Schmitt fiercely opposed the idea of constitutional jurisdiction. He viewed democracy as requiring homogeneity ...

Mariano Croce & Andrea Salvatore, The Legal Theory of Carl Schmitt

In short, whereas Kelsen presupposes the basic norm as the ground of legal order, assuming normativity (Sollen) and factuality (Sein) to be two distinct realms, ...

Carl Schmitt and the Metaphysics of Decisionism - Telos Press

Without a fundamental disjunction between the two, Kelsen is left with the hierarchical metaphysical structure of specific case to general norm: ...

The guardian of the constitution : Hans Kelsen and Carl Schmitt on ...

Introduction 1. Kelsen on the nature and development of constitutional adjudication 2. The guardian of the constitution: Schmitt's argument against judicial ...