Legal science and constitutional judgments
Duxbury, Neil
(2022)
Legal science and constitutional judgments
Journal of Legal Philosophy, 47 (2).
ISSN 2633-6847
This short article considers Hans Kelsen’s theory of judicial legislation in the context of constitutional adjudication. It explains (and attempts to clear up some misconceptions surrounding) Kelsen’s concept of negative legislation and considers how the void ab initio theory of judicial review appears to pose a challenge for his science of positive law.
| Item Type | Article |
|---|---|
| Copyright holders | © 2024 Edward Elgar |
| Keywords | Hans Kelsen, legal realism, constitutionalism, legislation, judge-made law |
| Departments | Law School |
| DOI | 10.4337/jlp.2022.02.03 |
| Date Deposited | 17 May 2024 09:39 |
| Acceptance Date | 2022-01-01 |
| URI | https://researchonline.lse.ac.uk/id/eprint/123507 |