Hans Kelsen on Constitutional Democracy

This volume challenges conventional interpretations by demonstrating that Hans Kelsen was far from being a purely formalist thinker. Instead, it highlights his profound and enduring engagement with the threats facing constitutional democracies. The political and institutional upheavals of interwar Europe significantly influenced Kelsen’s evolving vision of democracy, as this volume shows. His contributions to twentieth-century democratic theory include groundbreaking insights into multiparty systems, mechanisms of moderation, minority protections, and judicial review. Furthermore, Kelsen’s reflections on the crises and collapses of democracies during the 1930s remain strikingly relevant, offering valuable perspectives on contemporary challenges such as polarisation and populism. This title is also available as Open Access on Cambridge Core.

Sandrine Baume is a full professor at the University of Lausanne. Her research lies at the crossroads of democratic theory and the history of political thought. She has particularly concentrated on institutions (such as constitutional courts), key actors (like political parties), principles (including transparency and democratic self-defence), and practices (such as compromise). Her deep knowledge of legal scholars from the Weimar Republic has played a pivotal role in shaping her reflections and publications.

David Ragazzoni is a tenure-track assistant professor in Liberal Democratic Theory at the Political Science Department of the University of Toronto. Previously, he was a postdoctoral research fellow at New York University School of Law and a lecturer at Columbia University, where he completed his PhD. His work sits at the intersection of democratic theory and the history of political and legal ideas, with a focus on historical and contemporary debates on political parties, leaders, and representative institutions.