Now showing items 1-6 of 6
The Kelsen-Hart debate: Hart’s critique of Kelsen’s legal monism reconsidered
Kelsen’s legal monism—the claim that it is impossible for legal science to recognize the existence of more than one legal system—is often held to be one of the least plausible aspects of Kelsen’s pure theory of law. This ...
Carl Schmitt and the problem of constitutional guardianship
Carl Schmitt's constitutional theory argues for strong counter-majoritarian constraints on the powers of legislative majorities. This chapter explores Schmitt's own conception of constitutional guardianship fails to follow ...
Carl Schmitt's defence of sovereignty
(Cambridge University Press, 2015)
Judicial review and the defence of (democratic) constitutionality: a critique of the argument from disagreement
(University of Oslo, 2011-09)
The aim of this paper is to offer a defence of the practice of constitutional review from the point of view of a theory of democratic legitimacy. I will develop this defence by engaging with the strongest criticism to date ...
Hobbes on Civic Liberty and the rule of Law
(Cambridge University Press, 2012)