KELSEN ON DEMOCRAY: A THEORY AND ITS TIME

Abstract

This essay proposes an analysis of Hans Kelsen’s theory of democracy. The article intends to return on some of the misunderstandings surrounding this theoretical project. Contrary to what we sometimes think, it is part of an extensive political conception. But this very deep theory is not separated from its legal conception. His reflection, on the other hand, cannot be separated from its political context: Kelsen's vision presupposes a certain commitment to democracy. If finally this theory is built around the concept of freedom, it is not a liberal one, insofar as it interprets this freedom in a political sense, near to Rousseau philosophy. Which explains his controversy with some liberal thinkers, like Hayek.