Mario G. Losano

The Opinion of Kelsen of 1933 on the National Constituent Assembly of Brazil

  • Abstract

Informations and abstract


After recalling at the outset Kelsen's relations with South American legal culture (and with that of Brazil in particular), the previous history and the basic tenets of the opinion expressed by Kelsen in 1933 regarding the decree that established the National Constituent Assembly are reconstructed. In it, in particular, two essential themes of Kelsen's conception of those years return: the cornerstone principle of legal positivism and the subjection of state law to international law.

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