EAN: 9783428180998

RECHT ODER POLITIK? - DIETER GRIMM KARTONIERT (TB)

Law or Politics? The Controversy between Kelsen and Schmitt on Constitutional Adjudication and
the Current State of Affairs While it is no longer contested that a state goes hand in hand
with a constitution  it is less clear whether a constitution entails a constitutional court. In
a paradigmatic way  this question was discussed among two of the most eminent jurists of the
first half of the 20th century  Hans Kelsen and Carl Schmitt. Kelsen regarded constitutional
adjudication as a logical consequence of constitutionalism. Schmitt rejected it because he had
a different guardian of the constitution in mind. In the second half of the 20th century 
Kelsen's view prevailed. Constitutional courts were established all over the world. In the
beginning of the 21st century  criticism of judicial review gains ground. Ultimately  it is
always about the relationship between law and politics  so as well in this essay.

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