A History of Public Law in Germany, 1914-1945


Book Description

This history of the discipline of public law in Germany covers three dramatic decades of the Twentieth century. It opens with the First World War, analyses the highly creative years of the Weimar Republic, and recounts the decline of German public law that began in 1933 and extended to the downfall of the Third Reich.




Public Law in Germany


Book Description

German public law has been taught in universities since the early 17th century and continues to this day to be a dominant subject in German legal culture, especially in its modern incarnations of constitutional and administrative law, and European and international law. Michael Stolleis's Public Law in Germany: A Historical Introduction from the 16th to the 21st Century, expertly translated by Thomas Dunlap, provides an account of the fundamental developments in public law that situates current debates in the German Federal Constitutional Court as well as the role of the nation-state in Europe more broadly. It further examines the role of fundamental rights through the lens of Germany's special administrative courts and discusses their important role in the advancement of German law. Written with students in mind, the book distils Stolleis's masterful four-volume History of Public Law in Germany, the third volume of which (1914-1945) was published by Oxford University Press in 2004. It is an invaluable companion to the understanding of German public law more generally.




Law, History, and Justice


Book Description

Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.




German Constitutional Law


Book Description

This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.




The Max Planck Handbooks in European Public Law: Volume I: The Administrative State


Book Description

The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.




The Oxford Handbook of Modern German History


Book Description

This is the first comprehensive, multi-author survey of German history that features cutting-edge syntheses of major topics by an international team of leading scholars. Emphasizing demographic, economic, and political history, this Handbook places German history in a denser transnational context than any other general history of Germany. It underscores the centrality of war to the unfolding of German history, and shows how it dramatically affected the development of German nationalism and the structure of German politics. It also reaches out to scholars and students beyond the field of history with detailed and cutting-edge chapters on religious history and on literary history, as well as to contemporary observers, with reflections on Germany and the European Union, and on 'multi-cultural Germany'. Covering the period from around 1760 to the present, this Handbook represents a remarkable achievement of synthesis based on current scholarship. It constitutes the starting point for anyone trying to understand the complexities of German history as well as the state of scholarly reflection on Germany's dramatic, often destructive, integration into the community of modern nations. As it brings this story to the present, it also places the current post-unification Federal Republic of Germany into a multifaceted historical context. It will be an indispensable resource for scholars, students, and anyone interested in modern Germany.




Nazi Germany


Book Description

Nazi Germany may have only lasted for 12 years, but it has left a legacy that still echoes with us today. This work discusses the emergence and appeal of the Nazi party, the relationship between consent and terror in securing the regime, the role played by Hitler himself, and the dark stains of war, persecution, and genocide left by Nazi Germany.




Introduction to Public Law


Book Description

"Introduction to Public Law" is a historical and comparative introduction to public law. The book traces back the origins of the "res publica" to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.




Law in West German Democracy


Book Description

Law in West German Democracy relates the history of the Federal Republic of Germany as seen through a series of significant trials conducted between 1947 and 2017, explaining how these trials came to take place, the legal issues which they raised, and their importance to the development of democracy in a country slowly emerging from a murderous and criminal régime. It thus illustrates the central issues of the new republic. If, as a Minister for Justice once remarked, crime can be seen as ‘the reverse image of any political system, the shadow cast by the social and economic structures of the day’, it is natural to use court cases to illuminate the eventful history of the Federal Republic’s first seventy years.




Balancing Constitutional Rights


Book Description

A comparative and historical account of the origins and meanings of the discourse of judicial 'balancing' in constitutional rights law.