Legal science and constitutional judgments
Duxbury, N.
(2022).
Legal science and constitutional judgments.
Journal of Legal Philosophy,
47(2).
https://doi.org/10.4337/jlp.2022.02.03
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 |
| Departments | LSE > Academic Departments > Law School |
| DOI | 10.4337/jlp.2022.02.03 |
| Date Deposited | 17 May 2024 |
| Acceptance Date | 01 Jan 2022 |
| URI | https://researchonline.lse.ac.uk/id/eprint/123507 |