Federalism: Tragic Compromise and Conflicts

The internal balance of power of federal orders is a major theme in Kelsen’s constitutional thought. His theory of federal conflicts is indebted both to the achievements of his inquiries into legal theory and to his direct involvement in constitutional policy debates in the 1920s and 1930s. In so doing, he took a strong stance at the time of the Prussian coup, a major constitutional crisis in whose handling Carl Schmitt also played a significant role. In my essay I will build on Paolo Carrozza’s analysis of Kelsen’s contribution to the constitutional theory of federations. My goal is to make some points on its relevance for a proper understanding of the most recent developments in federal systems, including the aftermath of secession crises in Europe.