The Guardian of the Constitution in Carl Schmitt's Thought

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MORADKHANI FARDIN

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

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Journal: Public Law Research Year:2021 | Volume:22 | Issue:70 Page(s): 130-158

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Title

The Guardian of the Constitution in Carl Schmitt's Thought

Author(s)

MORADKHANI FARDIN | Issue Writer Certificate

Keywords

schmitt

kelsen

Constitutional Review

Democracy

parliament

Abstract

Constitutional Review is one of the important concepts of constitutional law that, although begun in the nineteenth century and in the United States, grew worldwide in the twentieth century. Initially European countries and gradually other countries around the world also adopted this system. but According to their political system and history; countries have provided many models for it. This theory was founded in the twentieth century by Hans kelsen in Austria and Germany, and the European tradition first stood against it. The most important criticism of kelsen was provided by the great German lawyer Carl schmitt. He believed that this system was contrary to the principle of Democracy and did not correspond to the space and history of European countries. If the constitution is to be guarded, the president himself will suffice as a symbol of all people. This article attempts to examine schmitt's most important critics to Constitutional Review and his foundations and solutions by looking at Germany at that time. Schmidt's critiques to date have been one of the most important critiques of Constitutional Review and have been revisited in many ways in many countries.

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APA: Copy

MORADKHANI, FARDIN. (2021). The Guardian of the Constitution in Carl Schmitt's Thought. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 22(70 ), 130-158. SID. https://sid.ir/paper/957217/en

Vancouver: Copy

MORADKHANI FARDIN. The Guardian of the Constitution in Carl Schmitt's Thought. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2021;22(70 ):130-158. Available from: https://sid.ir/paper/957217/en

IEEE: Copy

FARDIN MORADKHANI, “The Guardian of the Constitution in Carl Schmitt's Thought,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 22, no. 70 , pp. 130–158, 2021, [Online]. Available: https://sid.ir/paper/957217/en

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