Marek Antoš
Author’s affiliation: Faculty of Law, Charles University in Prague

Contemporary Constitutional Justice: False Heir of Hans Kelsen?

Jurisprudence 2/2017 Section: Discussion Page: 36-41

Keywords: constitutional courts, Hans Kelsen, methodology of judicial review

Abstract: Conventional wisdom has it that Hans Kelsen is the founding father of European constitutional justice. The paper argues that while the European approach to judicial review is indeed inspired by Kelsen, it has significantly departed from the original concept, mainly due to the focus on human rights protection. When discussing the present functioning of the courts, we should accept that they are political actors sui generis.