Hans Kelsen on Constitutional Democracy

Genesis, Theory, Legacies
Erscheinungsjahr 2025
ISBN: 978-1-009-23037-7
Verlag: Cambridge University Press

Buch, Englisch, 344 Seiten, Gewicht: 500 g

Reihe: Cambridge Studies in Constitutional Law

This volume challenges conventional interpretations by demonstrating that Hans Kelsen was far from being a purely formalist thinker. Instead, it highlights his profound and enduring engagement with the threats facing constitutional democracies. The political and institutional upheavals of interwar Europe significantly influenced Kelsen's evolving vision of democracy, as this volume shows. His contributions to 20th-century democratic theory include groundbreaking insights into multiparty systems, mechanisms of moderation, minority protections, and judicial review. Furthermore, Kelsen's reflections on the crises and collapses of democracies during the 1930s remain strikingly relevant, offering valuable perspectives on contemporary challenges such as polarization and populism. This title is also available as Open Access on Cambridge Core.

Autoren/Hrsg.

Ragazzoni, David

Baume, Sandrine

Inhaltsverzeichnis

Introduction Sandrine Baume and David Ragazzoni; Part I. Genesis: 1. The forgotten beginnings of Kelsen as a political and legal theorist: 'Dante Alighieri's philosophy of the state' (1905) David Ragazzoni; 2. The making of Kelsen's concept of democracy Matthias Jestaedt; 3. The origins of the fragility of interwar democracies: Kelsen and Neumann Peter Langford; 4. Ideal and real democracy in Hans Kelsen's political work (1918–1955) Sara Lagi; Part II. Theory: 5. The essence and value of political parties Nadia Urbinati; 6. Relativism and leadership in Kelsen's theory of democracy Carlo Invernizzi Accetti and Nicole Peisajovich; 7. Revisiting Kelsen's party constitutionalism Fabio Wolkenstein; 8. Kelsen's argument for constitutional review: a reappraisal Lars Vinx; 9. Constitutionalism, democracy, and international law in Kelsen's pure theory of law David Dyzenhaus; Part III. Legacies: 10. The genius of democracy: Kelsen and Schumpeter Adam Przeworski; 11. Hans Kelsen, Leo Strauss, and the crisis of American democracy William Scheuerman; 12. Can't we all just get along? Revisiting Kelsen's account of parliamentarism, parties, and compromise Jan-Werner Müller; 13. The Kelsenian critique of militant democracy: its contemporary echoes Sandrine Baume; Afterword Duncan Kelly.

Über Autor(innen)

Ragazzoni, David
David Ragazzoni is a tenure-track Assistant Professor in Liberal Democratic Theory at the Political Science Department of the University of Toronto. Previously, he was a postdoctoral research fellow at New York University School of Law and a lecturer at Columbia University, where he completed his Ph.D. His work sits at the intersection of democratic theory and the history of political and legal ideas, with a focus on historical and contemporary debates on political parties, leaders, and representative institutions.

Baume, Sandrine
Sandrine Baume is a full professor at the University of Lausanne. Her research lies at the crossroads of democratic theory and the history of political thought. She has particularly concentrated on institutions (such as constitutional courts), key actors (like political parties), principles (including transparency and democratic self-defense), and practices (such as compromise). Her deep knowledge of legal scholars from the Weimar Republic has played a pivotal role in shaping her reflections and publications.