Full Description
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.
Contents
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.
