REVIEW ON HANS KELSEN’S HIEARCHY OF NORMS AND LAW MAKING PROCESS AND ‘SMT. AMARAWATI AND ANOTHER v STATE OF UTTAR PRADESH, ALL. HC, 2004’

Abstract

Hans Kelsen was born on October 11th 1881. He was born in Prague, Czechoslovakia. He was a not only a jurist but was also a legal philosopher and political philosopher. He studied at several universities like the Berlin, Heidelberg and Vienna. He is regarded as one of the most popular jurist in 20th century. His dissertation work on Dante’s theory became his first book on political theory. The theory was all about making rigorous examination about the “two swords doctrine” of Pope Gelasius I and Dante’s sentiments in the Roman Catholic debates. 

In 1920, kelsen worked as a part of the drafting commission for the Austrian government.  The document still serves as a basis of Austrian constitution and kelsen was appointed to the constitutional court, for his whole lifetime. During this period of time itself, kelsen published five books in the areas of government, public and international law.in the year 1933; due to rise of Nazi power kelsen left Germany and shifted to Switzerland. 

In Switzerland also he made his mark with the explicit research work put forward by him. In Switzerland, until 1940 he taught at the Graduate Institute of International Studies of the University of Geneva and later he accepted the position of lecturer in Harvard University Law School and relocated to United States of America. And later he became the permanent faculty member in the University of Berkeley. He stayed in Berkeley till the time of his retirement.

 Kelsen is considered as one of the most important jurist of 20th century. He is one of the most influential in the areas of jurisprudence and public law. He worked for 29 years in the Department of politics and not in the Department of law. Hence, his work greatly reflects a political dimension even before and after joining the faculty Of Berkeley. One of the most important legal theories put forward by kelsen is “The Pure Theory of Law”. 

All this theories were contradicted and many controversies prevailed even after his death in the year 1973. But then there are a lot of elements in his writings which influenced scholars around the globe. On the occasion of 90th birthday of Hans kelsen, the Austrian Government established a foundation called the name Hans-kelsen-Institu. It started its operation in 1972 and the main task was to inform and encourage and develop pure theory of law. In 2006, Hans kelsen research centre was found and in 2011 the centre was transferred to some other place.

 The research centre in cooperation with the institute aims to publish historical-critical edition of kelsens work in more than 30 volumes; as of July 2013. Till date first five volumes have been published.