In the UK the upper home is appointed by the federal government as a house of review. One criticism of bicameral methods with two elected chambers is that the upper and decrease homes could simply mirror each other. The traditional justification of bicameralism is that an upper chamber acts as a home of review.
Kelsen’s main opponent, Carl Schmitt, rejected both positivism and the concept of the rule of law as a end result of he didn’t accept the primacy of abstract normative rules over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception , which …