In recent years, a new creature has emerged on the institutional landscape: the Schmitelsen Court. This Court is the end-product of a combination of the positions presented by Hans Kelsen and Carl Schmitt in their famous debate during the Weimar years on “Who is the Guardian of the Constitution?”. The Schmitelsen guardian is a court thus fulfilling Kelsen’s vision of the constitutional court as the guardian of the constitution. However, it possesses the mission, the means to achieve it, and the source of legitimacy that Schmitt envisioned for the president as the guardian of the constitution. After establishing these theoretical points, I proceed by examining how the Schmitelsen Court model manifests itself in three case studies: the American Supreme Court, the Israeli Supreme Court and the European Court of Human Rights.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S