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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Constitutional and Political Theory - Selected Writings (Paperback)
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Constitutional and Political Theory - Selected Writings (Paperback)
Series: Oxford Constitutional Theory
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Ernst-Wolfgang Boeckenfoerde (b. 1930, d. 2019) is one of Europe's
foremost legal scholars and political thinkers. As a scholar of
constitutional law and a judge on Germany's Federal Constitutional
Court (December 1983 - May 1996), Boeckenfoerde has been a major
contributor to contemporary debates in legal and political theory,
to the conceptual framework of the modern state and its
presuppositions, and to contested political issues such as the
rights of the enemies of the state, the constitutional status of
the state of emergency, citizenship rights, and challenges of
European integration. His writings have shaped not only academic
but also wider public debates from the 1950s to the present, to an
extent that few European scholars can match. As a federal
constitutional judge and thus holder of one the most important and
most trusted public offices, Boeckenfoerde has influenced the way
in which academics and citizens think about law and politics.
During his tenure as a member of the Second Senate of the Federal
Constitutional Court, several path-breaking decisions for the
Federal Republic of Germany were handed down, including decisions
pertaining to the deployment of missiles, the law on political
parties, the regulation of abortion, and the process of European
integration. In the first representative edition in English of
Boeckenfoerde's writings, this volume brings together his essays on
constitutional and political theory. The volume is organized in
four sections, focusing respectively on (I) the political theory of
the state; (II) constitutional theory; (III) constitutional norms
and fundamental rights; and (IV) the relation between state,
citizenship, and political autonomy. Each of these feature
introductions to the articles as well as a running editorial
commentary to the work. A second volume will follow this
collection, focusing on the relation between religion, law, and
democracy. A companion volume entitled Religion, Law, and Democracy
is also being published.
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