Kelsen’s Theory of State, revisited

Abstract

This text analytically reformulates central aspects of Kelsen's theory of the state and emphasises the conception of law as a dynamic system consisting of original and derived norms. The text analyses the relationships between legal systems, their efficacy, effectiveness, and degree of centralisation. It also distinguishes between different types of states, depending on their form of normative production, their content, and their scope. The article includes a critique of the limits of the formal concept of democracy, and an analysis of the role of judicial review. Finally, it is argued that the concept of the “rule of law”, as opposed to arbitrary rule, makes perfect sense.