Book Description
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Author : Peter C. Caldwell
Publisher : Duke University Press
Page : 324 pages
File Size : 24,89 MB
Release : 1997
Category : History
ISBN : 9780822319887
A path-breaking critical analysis of the meaning and interpretation of the German constitution in the Weimar years (1919-1933).
Author : Jens Meierhenrich
Publisher : Oxford University Press
Page : 873 pages
File Size : 34,15 MB
Release : 2016
Category : Law
ISBN : 0199916934
The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.
Author : European Commission for Democracy through Law
Publisher : Council of Europe
Page : 236 pages
File Size : 39,16 MB
Release : 2011-01-01
Category : Political Science
ISBN : 9789287171344
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?
Author : Peter C. Caldwell
Publisher : BRILL
Page : 180 pages
File Size : 35,38 MB
Release : 2000
Category : History
ISBN : 9780391040984
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.
Author : Edward James Kolla
Publisher : Cambridge University Press
Page : 353 pages
File Size : 15,8 MB
Release : 2017-10-12
Category : History
ISBN : 1107179548
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.
Author : Péter Cserne
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Page : 198 pages
File Size : 39,95 MB
Release : 2021-08-31
Category :
ISBN : 9783631840832
The present volume provides a variety of perspectives on democratic decay and the erosion of the rule of law, on the re-emergence of popular sovereignty as a political category, and on public reason in an age of 'post-truthism', focusing on the CEE region and South Eastern Europe.
Author : Benjamin A. Schupmann
Publisher : Oxford University Press
Page : 257 pages
File Size : 12,99 MB
Release : 2017-11-17
Category : Law
ISBN : 0192509314
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.
Author : Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 39,96 MB
Release : 2011-01-01
Category : Law
ISBN : 0857931210
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author : Marco Dani
Publisher : Edward Elgar Publishing
Page : 343 pages
File Size : 32,55 MB
Release : 2023-09-06
Category : Law
ISBN : 1803928891
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.
Author : Jürgen Habermas
Publisher : John Wiley & Sons
Page : 128 pages
File Size : 43,87 MB
Release : 2014-03-03
Category : Philosophy
ISBN : 0745681530
Translated by Ciaran Cronin. In the midst of the current crisis that is threatening to derail the historical project of European unification, Jürgen Habermas has been one of the most perceptive critics of the ineffectual and evasive responses to the global financial crisis, especially by the German political class. This extended essay on the constitution for Europe represents Habermas’s constructive engagement with the European project at a time when the crisis of the eurozone is threatening the very existence of the European Union. There is a growing realization that the European treaty needs to be revised in order to deal with the structural defects of monetary union, but a clear perspective for the future is missing. Drawing on his analysis of European unification as a process in which international treaties have progressively taken on features of a democratic constitution, Habermas explains why the current proposals to transform the system of European governance into one of executive federalism is a mistake. His central argument is that the European project must realize its democratic potential by evolving from an international into a cosmopolitan community. The opening essay on the role played by the concept of human dignity in the genealogy of human rights in the modern era throws further important light on the philosophical foundations of Habermas’s theory of how democratic political institutions can be extended beyond the level of nation-states. Now that the question of Europe and its future is once again at the centre of public debate, this important intervention by one of the greatest thinkers of our time will be of interest to a wide readership.