?‍⚖️Who should BE the DEFENDER of the constitution?Hans KELSEN ? Carl SCHMITT-Code of la скачать в хорошем качестве

?‍⚖️Who should BE the DEFENDER of the constitution?Hans KELSEN ? Carl SCHMITT-Code of la

HANS KELSEN and CARL SCHMITT participated in a critical debate on the defense of the constitution. The discussion would begin in the 1920s through mutual criticism of each other's thoughts in their writings; reaching the climax of the conversation in 1931, with Schmitt's writings "The Defense of the Constitution"; and, Who Should Be the Guardian of the Constitution?" by Kelsen. On the one hand, Schmitt defended an extraordinary defense model (conceived in a situation of war or rebellion), in which the head of the executive had to take decisions and actions to safeguard the social order manifested in the constitution; Incidentally, the constitution for this jurist was nothing more than a decision adopted by the sovereign, the character of a norm, although important, took a backseat. Schmitt was concerned, more than anything, with events that shook a nation and if this required making decisions outside the legal framework, then he would have to proceed that way. On the other hand, Kelsen proposed, and managed to create in Austria, the model of the Constitutional Court. A body different from the classical powers that served as the last guardian of the constitution. For Kelsen, the State was governed and found its foundation in the norm, therefore, the defense of the constitution entailed an analysis of the correspondence of the norms of domestic law with the constitutional framework of a State. It is true that both models, to a greater or lesser extent, apply to today; However, the model proposed by Kelsen is the one that has truly been accepted in Law; while Schmitt's model is viewed with some suspicion, especially because the examples that we can find today are very questionable, carried out by governments that are, at the very least, criticizable. In this video I present the two proposals of these two jurists; In this way, knowing the existing models, it is possible to choose who should be the defender of the Constitution Your opinion is important, don't forget to express it. I hope you enjoy the video. Follow us on social networks: 💯Youtube http://rb.gy/3uldcf 📘 Facebook https://rb.gy/dxn7zy ❗ Instagram https://rb.gy/54ijul TIMESTAMPS 0:00 Who is the guardian of the Constitution? 1:44 Who should be the guardian of the Constitution according to Kelsen? 3:01 How does Kelsen rate the Constitutional Court? 5:12 Carl Schmitt's disagreement 6:36 The sovereign as guardian of the Constitution 10:03 Court or Executive? 11:21 Difference between Common Law and Civil Law 14:30 Final Reflection My character has been created by the company SuiGeneris7. Follow them on Facebook:   / sgeneris7   The video was created thanks to TOONLY technology. The drawings seen in the video are not my authorship. These can be obtained on the FLATICON.com website, corresponding to the users: Becris, Eucalyp, Freepik, itim2101, juicy_fish, Pixel Perfect, smashicons, webalys. The music used is: Follow the clues by Raymond Grouse and Curious by Million Eyes.