(Un)Constitutional Constitutional Mutation

The theory of constitutional mutation has its historical origins in the crisis of legalistic positivism in German law, but from its birth to subsequent reformulations, the same problems are encountered. This is because constitutional mutation was initially used during the German Empire to mask and legitimize acts of violence against the Constitution, but, in the absence of a constitutional review mechanism, it eventually gained legitimacy. The resumption of the concept during the Weimar per...