The Concept of Right and Rechtstaat in the Constitutional Theory of both Immanuel Kant and Hans Kelsen: A Comparison

The concept of rechtstaat takes an emınent place ın current constitutional law and ıt ıs sometimes mıstaken as rule of law. The peculiarity of rechtsaat is very much aligned wıth Kantian philosophy of the sovereignty of reason controlling human behaviour. As Edward Eberle succinctly has pointed out the importance of Kantian Philosophy in current (german) constitutional thought “This tendency toward reason-rational, systematic, careful, comprehensive conception-is evident throughout the GG and comprises another trait of German legal theory, and our topic, the German idea of freedom.” The concept of right in German legal thought is determine by the right-duty relationship which has been read thread throughout German legal thought from Kant throughout Hegel and ultimately Hans Kelsen. In this paper I want to emphasises and concentrate on the difference between Kantian concept of rechtstaat and its constitution to the constitutional though and that Hans Kelsen. How does Hans Kelsen theory different from that of Kantian philosophy and what his contribution to the concept to of right in constitutional thought? What makes is theory Neo-Kantian in relation to his adoption of rights theory?