Academic

Stewart on Kelsen in Australia

By Lawrence Solum

Iain M. Stewart (Macquarie Law School) has posted Kelsen's Reception in Australasia (HANS KELSEN ANDERSWO/HANS KELSEN ABROAD, pp. 311-352, Robert Walter et al., eds., Schriftenreihe des Hans Kelsen-Instituts, 2010) on SSRN. Here is the abstract:

Reviews the reception of Hans Kelsen's Pure Theory of Law in Australasia, with particular reference to: Kelsen's dispute with Julius Stone over the "Grundnorm" concept; use (or misuse) of that concept in legal argument during the constitutional crisis in Fiji, 2000-2009; applicability of the "Grundnorm" concept to Australia; and the author's own work in facilitating access to, and departing from, the Pure Theory. (An update on a report by Otto Bondy, in 1978 in Band 2 of the same book series.)

Full post as published by Legal Theory Blog on January 26, 2011 (boomark / email).