Duxbury, Neil (2022) Legal science and constitutional judgments. Journal of Legal Philosophy, 47 (2). ISSN 2633-6847
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Identification Number: 10.4337/jlp.2022.02.03
Abstract
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 |
|---|---|
| Additional Information: | © 2024 Edward Elgar |
| Divisions: | Law |
| Subjects: | K Law |
| Date Deposited: | 17 May 2024 09:39 |
| Last Modified: | 12 Dec 2024 04:16 |
| URI: | http://eprints.lse.ac.uk/id/eprint/123507 |
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