Kelsen, H. Judicial guarantee of the Constitution (Constitutional Justice, Part 1)

Abstract: This issue of the journal presents Part 1 of the article by a classical Western legal Scholar Gans Kelsen. This article is devoted to the problems of judicial guarantees of Constitution, usually referred to as constitutional justice. From a theoretical point of view, this guarantee was studied in the “General Theory of Law” (Allgemeine Staatslehre, Berlin, 1925). However, from a practical point of view, there is a number of issues related to the best ways to implement it. The author of this article posses a valuable experience of being a Judge of the High Constitutional Court of Austria for several years. The Constitution of Austria, created based on author’s project upon request of the Austrian Government, provides for constitutional justice, which is not provided for by other constitutions…