Corpus ID: 28807961

Law , Sovereignty , and Democracy : Hans Kelsen ’ s Critique of Sovereignty

  title={Law , Sovereignty , and Democracy : Hans Kelsen ’ s Critique of Sovereignty},
  author={Petra G{\"u}mplov{\'a}},
This paper analyzes Hans Kelsen’s critique of sovereignty. I argue that Kelsen’s critique of sovereignty is based on a misleading and obsolete view of sovereignty which translates into his contested notion of the basic norm and hence his “monistic” theory of a legal system and international law. The implausibility of the monistic approach to law is shown not only on the theoretical level but also in the light of recent processes of pluralization and fragmentation of legal systems. The second… Expand
1 Citations
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