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Democracy by Hans Kelsen

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  1. Introduction
  2. The right to strike in Europe
    1. The right to strike and the European law
    2. Conditions the right to strike
    3. The effects of the strike
  3. Limiting the right to strike in Europe
    1. Limits depending on the status
    2. Limits of units
    3. Limits by sector
  4. The minimum service
    1. United Kingdom: An exception to the rule
    2. Spain and Portugal: A minimum service in the Constitution
    3. Italy: A minimum service for the respect of human rights
    4. France
    5. The countries of Eastern Europe : A minimum service to maintain the production process
  5. Conclusion

The concept of separation of powers can be attributed to the genius of Montesquieu and John Locke way back to the time of the French Revolution. In this paper we will discuss Hans Kelsen's ?Democracy, its value, its nature' that was published in 1929. In this work, Kelsen talks about the benefits and disadvantages of democracy. Kelsen was an Austrian-American jurist who was the founder of normativism. He believed that the State is a set of legal relationships and is identical to its laws. He is also the creator of the pyramid of norms, he created a standard set of hierarchy. Kelsen believed that any rule of law must be of superior standards.

Etymologically, democracy comes from the "demos" which means people and "kratos" which means power in ancient Greek. Kelsen believed in a system where authorities are elected by the people and the power lies with the people.

But what is the Democracy's relationship vis-à-vis the separation of powers?

Tags - Hans Kelsen, separation of powers, Montesquieu and John Locke

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