Resumen

CORDOVA VIANELLO, Lorenzo. La contraposición entre derecho y poder desde la perspectiva del control de constitucionalidad en Kelsen y Schmitt. Cuest. Const. [online]. 2006, n.15, pp.47-68. ISSN 1405-9193.

In the history of the political and legal thought, the relation between right and power are a recurrent problem, mainly when being wanted to subordinate the right to the power or the power to the right. The thought of Hans Kelsen and Carl Schmitt is product of this contrast. The author approaches the thought of both personages from four interesting points of view, the idea of normativism as opposed to the one of decisionism, the slight knowledge different from constitutional control, the controversy of whom must guard the Constitution and, finally, the democracy in the constitutional control. The creation of a constitutional Court or the fortification of the Reich President constitutes the most controversial point between both thoughts. The author finishes saying, taking perhaps divided, who in Kelsen guarantee of the Constitution and democracy interconnects itself, however in Schmitt the social regulation can succumb the arbitrary power as opposed to.

Palabras llave : Law; power; constitutional control.