IUridicheskaia kontseptsiia revoliutsii i sudebnoe primenenie doktriny G. Kel'zena
(
Серия Tolkovanie istochnikov prava
)
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The first part of the work reveals the essence of the legal concept of revolution and examines the following key issues: the legal concept of revolution and its relationship with related concepts; possible criteria for identifying a successful revolution (determining the moment of success of a revolution); issues of determining the validity and effectiveness of the pre-revolutionary constitution and laws in the event of a successful revolution, the development of revolutionary law contrary to pre-revolutionary laws; the continuity of the legal order in the event of successful revolutions; mechanisms for legitimizing a constitution adopted by revolutionary means.
The second part of the work presents judicial acts of states that have undergone revolutions, where G. Kelsen's doctrine of revolutions was applied. With the help of G. Kelsen's doctrine, the courts tried to justify (legitimize) the actions of the revolutionary authorities.
