Selective Affinities: On the American Reception of Hans Kelsen's Legal Theory

Telman, D. A. Jeremy

doi:10.2139/ssrn.895561

Cited by 2 publications

(1 citation statement)

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“…Education is important for producing and reproducing this socialization process, as there are significant differences in how law schools train lawyers in the common law versus civil law systems (Grimes 2017). The legal academy in the United States, for example, has long been skeptical of Hans Kelsen's work despite his centrality in civil law education, and Kelsen is rarely included in curricula in American law schools (Telman 2008). Furthermore, internships, apprenticeships, and vocational training are equally important elements of becoming a qualified lawyer in the common law system, and achieving this training and being successful on the job requires an acceptance of the typical way of "thinking like a lawyer" within the system (Grimes 2017).…”

Section: Domestic Legal Systemmentioning

confidence: 99%

The Institutional Foundations of the Uneven Global Spread of Constitutional Courts

Kim¹,

Nolette²

2023

Perspect. polit.

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Since the third wave of democratization, specialized constitutional courts have spread widely across developed and developing countries and become key to government accountability, rights protection, and cross-institutional conflict resolution. Simultaneously, nearly half of all constitutional court adoptions have occurred in Europe. What explains the global, yet Eurocentric, spread of constitutional courts? Countries’ institutional endowments, particularly domestic and international legal institutions, are key to this crucial choice of constitutional design. Common law countries are less likely to establish specialized constitutional courts than their civil law counterparts due to their domestic legal system’s relatively weaker affinity with the constitutional court model. Furthermore, the Council of Europe’s Venice Commission—the main international organization specifically promoting constitutional courts—has catalyzed their wide and rapid spread especially, but not exclusively, in Europe. Our theory gains robust support from event history analyses of 172 developed and developing countries from 1947 to 2019.

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Section: Domestic Legal Systemmentioning

confidence: 99%