Popular Sovereignty And The Crisis Of German Constitutional Law
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Popular Sovereignty And The Crisis Of German Constitutional Law
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Author : Peter C. Caldwell
language : en
Publisher: Duke University Press
Release Date : 1997
Popular Sovereignty And The Crisis Of German Constitutional Law written by Peter C. Caldwell and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with History categories.
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
From Liberal Democracy To Fascism
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Author : Peter C. Caldwell
language : en
Publisher: BRILL
Release Date : 2000
From Liberal Democracy To Fascism written by Peter C. Caldwell and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with History categories.
This book reexamines the crucial debates on law and politics, which rose during the Weimar Republic. The authors show the continued relevance of these debates for the constitutional culture of the Federal Republic, and indeed for liberal democracy in general.
Carl Schmitt S State And Constitutional Theory
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Author : Benjamin A. Schupmann
language : en
Publisher: Oxford University Press
Release Date : 2017
Carl Schmitt S State And Constitutional Theory written by Benjamin A. Schupmann and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with History categories.
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence. This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. Schmitt's thought anticipated 'constrained' or 'militant' democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
The Legitimacy Of European Constitutional Orders
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Author : Marco Dani
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-09-06
The Legitimacy Of European Constitutional Orders written by Marco Dani and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-06 with Law categories.
The Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, which takes into consideration the national constitutional trajectories of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the conceptual tools needed to undertake comparative reconstruction and assessment of national and supranational constitutional developments in the European context.
The Crisis Of German Democracy
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Author : Herbert Kraus
language : en
Publisher:
Release Date : 1932
The Crisis Of German Democracy written by Herbert Kraus and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1932 with Constitutional history categories.
Definition And Development Of Human Rights And Popular Sovereignty In Europe
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Author : European Commission for Democracy through Law
language : en
Publisher: Council of Europe
Release Date : 2011-01-01
Definition And Development Of Human Rights And Popular Sovereignty In Europe written by European Commission for Democracy through Law and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Political Science categories.
What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations?
The Paradox Of Constitutionalism
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Author : Martin Loughlin
language : en
Publisher: Oxford University Press, USA
Release Date : 2007
The Paradox Of Constitutionalism written by Martin Loughlin and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
In modern political communities ultimate authority is often thought to reside with 'the people'. This book examines how constitutions act as a delegation of power from 'the people' to expert institutions, and looks at the attendant problems of maintaining the legitimacy of these constitutional arrangements.
Popular Sovereignty In Early Modern Constitutional Thought
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Author : Daniel Lee
language : en
Publisher: Oxford University Press
Release Date : 2016-02-18
Popular Sovereignty In Early Modern Constitutional Thought written by Daniel Lee and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-18 with Law categories.
Popular sovereignty - the doctrine that the public powers of state originate in a concessive grant of power from "the people" - is the cardinal doctrine of modern constitutional theory, placing full constitutional authority in the people at large, rather than in the hands of judges, kings, or a political elite. This book explores the intellectual origins of this influential doctrine and investigates its chief source in late medieval and early modern thought - the legal science of Roman law. Long regarded the principal source for modern legal reasoning, Roman law had a profound impact on the major architects of popular sovereignty such as François Hotman, Jean Bodin, and Hugo Grotius. Adopting the juridical language of obligations, property, and personality as well as the classical model of the Roman constitution, these jurists crafted a uniform theory that located the right of sovereignty in the people at large as the legal owners of state authority. In recovering the origins of popular sovereignty, the book demonstrates the importance of the Roman law as a chief source of modern constitutional thought.
Sovereignty International Law And The French Revolution
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Author : Edward James Kolla
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-12
Sovereignty International Law And The French Revolution written by Edward James Kolla and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-12 with History categories.
This book argues that the introduction of popular sovereignty as the basis for government in France facilitated a dramatic transformation in international law in the eighteenth century.
Sovereignty
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Author : Hermann Heller
language : en
Publisher: Oxford University Press
Release Date : 2019-03-19
Sovereignty written by Hermann Heller and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-19 with Law categories.
Hermann Heller was one of the leading public lawyers and legal and political theorists of the Weimar era, whose main interlocutors were two of the giants of twentieth century legal and political thought, Hans Kelsen and Carl Schmitt. In this 1927 work, Hermann Heller addresses the paradox of sovereignty. That is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt, who seek to dissolve the paradox, Heller sees that the tensions the paradox highlights are an essential part of a society ruled by law. Sovereignty, in the sense of national and popular sovereignty, is often perceived today as being under threat, as power devolves from nation states to international bodies, and important decisions seem increasingly made by elite-dominated institutions. Hermann Heller wrote Sovereignty in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, Heller speaks clearly to our contemporary concerns, and shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.