The Essence and Value of Democracy

Hans Kelsen's 'The Essence and Value of Democracy' offers a juristic defense of democratic constitutionalism, arguing for the normative value of democratic procedures and legal order.

Kelsen emphasizes the role of legal institutions and courts in safeguarding democratic legitimacy and the rule of law.

He defends procedural democracy as a mechanism to resolve conflicts and integrate diverse interests.

The work influenced postwar debates on democracy and legal positivism.

Kelsen's arguments remain relevant to discussions about legitimacy and institutional resilience.