Peter Techet’s Lecture at the University of Oslo

Peter Techet was invited by the Faculty of Law at the University of Oslo to give a lecture on April 30, focusing on Hans Kelsen’s role as a constitutional judge in the First Austrian Republic. He connected this to Kelsen’s theory of democracy and to the contemporary challenges faced by constitutional courts and ordinary judges around the world. 

In his lecture, Techet argued that the common accusation of judicial “activism” is theoretically untenable —because, as Kelsen demonstrated in his theory, judges do not merely apply the law but also participate in its creation. He further explained why active judicial review can play a crucial role in protecting minority rights within a democracy, thereby upholding pluralism.