Popular Sovereignty and the Crisis of German Constitutional Law: The Theory and Practice of Weimar Constitutionalism

Popular Sovereignty and the Crisis of German Constitutional Law: The Theory and Practice of Weimar Constitutionalism

by Peter C. Caldwell
     
 

View All Available Formats & Editions

ISBN-10: 0822319799

ISBN-13: 9780822319795

Pub. Date: 08/19/1997

Publisher: Duke University Press Books

Popular Sovereignty and the Crisis of German Constitutional Law is a historical analysis of competing doctrines of constitutional law during the Weimar Republic. It chronicles the creation of a new constitutional jurisprudence both adequate to the needs of a modern welfare state and based on the principle of popular sovereignty. Peter C. Caldwell explores

Overview

Popular Sovereignty and the Crisis of German Constitutional Law is a historical analysis of competing doctrines of constitutional law during the Weimar Republic. It chronicles the creation of a new constitutional jurisprudence both adequate to the needs of a modern welfare state and based on the principle of popular sovereignty. Peter C. Caldwell explores the legal nature of democracy as debated by Weimar’s political theorists and constitutional lawyers. Laying the groundwork for questions about constitutional law in today’s Federal Republic, this book draws clear and insightful distinctions between strands of positivist and anti-positivist legal thought, and examines their implications for legal and political theory.
Caldwell makes accessible the rich literature in German constitutional thought of the Weimar period, most of which has been unavailable in English until now. On the liberal left, Hugo Preuss and Hans Kelsen defended a concept of democracy that made the constitution sovereign and, in a way, created the "Volk" through constitutional procedure. On the right, Carl Schmitt argued for a substantial notion of the "Volk" that could overrule constitutional procedure in a state of emergency. Rudolf Smend and Heinrich Triepel located in the constitution a set of inviolable values of the political community, while Hermann Heller saw in it a guarantee of substantial social equality. Drawing on the work of these major players from the 1920s, Caldwell reveals the various facets of the impassioned constitutional struggles that permeated German legal and political culture during the Weimar Republic.

Product Details

ISBN-13:
9780822319795
Publisher:
Duke University Press Books
Publication date:
08/19/1997
Pages:
320
Product dimensions:
9.06(w) x 5.91(h) x (d)

Table of Contents

Contents

Preface,
Acknowledgments,
The Power of the People and the Rule of Law,
The Problem of Constitutional Democracy in the Weimar Republic,
[1] The Will of the State and the Redemption of the German Nation,
[2] The Purity of Law and Military Dictatorship,
[3] The Radicalism of Constitutional Revolution,
[4] The Paradoxical Foundations of Constitutional Democracy,
[5] Constitutional Practice and the Immanence of Democratic Sovereignty,
[6] Equality, Property, Emergency,
Conclusion,
The Crisis of Constitutional Democracy,
Notes,
Bibliography,
Index,

Customer Reviews

Average Review:

Write a Review

and post it to your social network

     

Most Helpful Customer Reviews

See all customer reviews >