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.
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