To summarise, the general thesis supported here is that Kelsen, while speaking simply of democracy, in reality wanted to reflect on a particular type of democracy, the constitutional one, which is only one of the many possible forms of application of the abstract principle of popular sovereignty. In truth, Kelsen emphasises especially the relativity of democratic decisions, but it is precisely the formal and relativistic nature of majority decisions that ultimately forces Kelsen himself, albeit between the lines, to admit the need for the existence of substantial and meta-democratic limits – therefore constitutional! – to mere democratic procedures

Kelsen versus Kelsen: simple democracy or constitutional democracy? / Spadaro, A. - In: ITALIAN JOURNAL OF PUBLIC LAW. - ISSN 2239-8279. - vol.13:2/2021(2021), pp. 329-349.

Kelsen versus Kelsen: simple democracy or constitutional democracy?

Spadaro A
2021-01-01

Abstract

To summarise, the general thesis supported here is that Kelsen, while speaking simply of democracy, in reality wanted to reflect on a particular type of democracy, the constitutional one, which is only one of the many possible forms of application of the abstract principle of popular sovereignty. In truth, Kelsen emphasises especially the relativity of democratic decisions, but it is precisely the formal and relativistic nature of majority decisions that ultimately forces Kelsen himself, albeit between the lines, to admit the need for the existence of substantial and meta-democratic limits – therefore constitutional! – to mere democratic procedures
2021
democracy, constitutional democracy, pure doctrine of law, political relativism, démocrature
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.12318/119047
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