Browsing by Author "Vinx, Lars"
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Item Open Access Carl Schmitt(2014) Vinx, LarsItem Open Access Carl Schmitt and the problem of constitutional guardianship(Routledge, 2015) Vinx, Lars; Arvidsson, M.; Brännström, L.; Minkkinen, P.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 through on this apparent commitment to the protection of rights, which exposes his critique of the legislative state to a charge of hypocrisy. The idea of constitutional guardianship can be understood in two different ways: as the protection of the rights enshrined in a written constitution or as the protection of a form of social and political ordering. This chapter explores whether Schmitt succeeded to develop a form of strong constitutionalism based on popular sovereignty. It gives the enticing prospect of a middle path between juristocracy and parliamentary sovereignty. Liberal rights are portrayed as an essential part of the specific form of social and political ordering liberal democracy that was chosen by the German people when it gave itself the Weimar Constitution.Item Open Access Carl Schmitt's defence of sovereignty(Cambridge University Press, 2015) Vinx, Lars; Dyzenhaus, D.; Poole, T.Item Open Access Hobbes on Civic Liberty and the rule of Law(Cambridge University Press, 2012) Vinx, Lars; Dyzenhaus, D.; Poole, T.Item Open Access Judicial review and the defence of (democratic) constitutionality: a critique of the argument from disagreement(University of Oslo, 2011-09) Vinx, Lars; Carbonell, F.; Menendez, A. J.; Fossum, J. E.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 of the practice of constitutional review: Jeremy Waldron’s and Richard Bellamy’s argument that constitutional review violates the principle of democratic equality, respect for which is a necessary condition of legitimate political decision-taking in a pluralist society characterized by reasonable disagreement about rights.Item Open Access Kelsen ve hukuk ve devletin özdeşliği(Seçkin Yayıncılık, 2016) Vinx, Lars; Turhan, M.Item Open Access Kelsen's identitatsthese und das problem der rechtsstaatlichkeit(Nomos, 2008) Vinx, Lars; Ehs, TamaraItem Open Access The Kelsen-Hart debate: Hart’s critique of Kelsen’s legal monism reconsidered(Springer, 2016) Vinx, Lars; Telman, D. A. J.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 paper challenges the criticism of Kelsen’s monism in the work of H.L.A. Hart. In particular, it will argue that Hart failed to show that Kelsen’s monism rests on a mistaken criterion of the identity of legal system and that it is, therefore, descriptively inadequate. Kelsen’s monism is not only descriptively viable but potentially able to provide an interesting counterpoint to the prevalent legal pluralist orthodoxy in the theory of legal system.Item Open Access The political theology of the secular state in Hobbes and Böckenförde(Oxford University Press, 2018) Vinx, LarsStandard accounts of the ideological basis of secularization tend to focus on the emergence of non-religious justifications of the authority of the state in early modernity. This article argues that successful secularization also requires a certain political theology, one that leads religious believers to accept that the rules of their religion cannot justifiably claim the status of public law. This thesis is developed through an in-depth account of Hobbes's political theology in books III and IV of Leviathan. It is also argued that Ernst-Wolfgang Böckenförde's reflections on the process of secularization and on the proper relationship between church and state can be read as offering a contemporary version of Hobbes's political-theological argument.