Dispute over the Guardian of the Constitution. Hans Kelsen, Carl Schmitt and the Weimar Case

The paper discusses one of the most important debates on meaning constitutional adjudication in 20th century that engaged two eminent legal and political thinkers Hans Kelsen Carl Schmitt. focuses dispute over guardianship constitution final years Weimar’s Germany reconstructs arguments major protagonists this concerning Weimar fundamental question whether guardian is (or should be) court or president Reich. debate highlights complexity problems a democratic state, as well intricate relationship between law state has retained high level topicality. also pays attention to philosophical-political premises underlined distinctly different views politics thought