Foundations of Democracy

  title={Foundations of Democracy},
  author={Hans Kelsen},
  pages={1 - 101}
  • H. Kelsen
  • Published 1 October 1955
  • Economics
  • Ethics
Hans Kelsen examines the majority principle from the transformation of the natural freedom into civil freedom according to Rousseau. The majority rule turns out to give an estimate of self-government, insofar as the majority rule maximizes the number of those whose individual will coincides with the collective will. It is even better than unanimity or super majority. The majority decision satisfies best both the ideals of freedom and equality. Furthermore, the use of the majority rule fits a… 
Liberal reformism and democratic citizenship
Although not its sole dimension, the idea of equality of rights and resources is one of the basic tenets of liberalism. Liberal equality introduces a reformist thrift in government by determining
Pluralism and Majority Decision
The post-war pluralist theories of democracy argue that modern democracies are characterized by switching majority coalitions and negotiated compromises. Pluralist arrangements increase stability
Democracy and the Politics of the Extraordinary: The Popular Constituent Sovereign and the Pure Theory of Democratic Legitimacy
Schmitt's reflections on modern mass democracy start with an examination of the political consequences following the postmedieval transition from the sovereignty of the king to the sovereignty of the
Democratic Self-Determination and the Intentional Building of Consensus
This paper defends two fundamental but under-theorized insights coming from the theory of deliberative democracy. The first is that consensus is valuable as a precondition of democratic collective
ABSTRACT The agonistic vs. epistemic dichotomy is fairly widespread in contemporary democratic theory and is endorsed by scholars as outstanding as Luis Felipe Miguel, Chantal Mouffe, and Nadia
Democracy, Liberalism, and Discretion: The Political Puzzle of the Administrative State
Conventional accounts of liberal democracy tend to obscure a basic fact: the phenomenon of administration. The American reception of the administrative state was self-consciously imitative of
Relativismo moral em Kelsen: do juspositivismo à democracia
This article will examine the relationship between Hans Kelsen’s theory of law and theory of democracy. In the first part, it will be demonstrated how moral relativism consists in a philosophical
Kelsen and Niebuhr on Democracy
This chapter focuses on the diverging views Hans Kelsen and Reinhold Niebuhr held with respect to the relationship of religion and democracy. Kelsen leveled his criticism of Niebuhr in his essay on
Beyond Consensus: Law, Disagreement and Democracy
Nowadays democratic liberal societies face a rising challenge in terms of fragmentation and erosion of shared values and ethical pluralism. Democracy is not anymore grounded in the possibility of a
Popular sovereignty in an age of mass democracy : politics, parliament and parties in Weber, Kelsen, Schmitt and beyond
Max Weber developed a distinctive view of the possibilities and polarities of modern politics. His thinking about popular sovereignty is placed in the context of a long-running German debate about


however (for it was the literal soul of the life of the Redeemer, John xv. io), is the peculiar token of fellowship with the Redeemer. That love to God (what is meant here is not God’s love to men)
A typical representative of this doctrine is the one expounded by Carl Schmitt, who enjoyed temporary success as ideologist for National Socialism
  • 1928
Timasheff, "The Soviet Concept of Democracy,
  • Review of Politics, XII (1950),
  • 1950