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Starting from Kelsen’s legal and democratic theory, a critical reading is made of his conception of the legal order according to which a popular government could be identified as democratic. Next, the principles underlying such an approach are addressed. And finally, Kelsen’s vision is applied to some contemporary problems of our social coexistence, focusing especially on the legal regime of majorities and minorities.
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Jorge Del Picó Rubio (2024) studied this question.
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