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From Empire to Union - Conceptions of German Constitutional Law since 1871 (Hardcover, New)
Loot Price: R3,767
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From Empire to Union - Conceptions of German Constitutional Law since 1871 (Hardcover, New)
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Germany has long been at the centre of European debates surrounding
the modern role of national constitutional law and its relationship
with EU law. In 2009 the German constitutional court voted to
uphold the constitutionality of the Lisbon Treaty, but its
critical, restrictive decision sent shockwaves through the European
legal community who saw potential threats to further European
integration. What explains Germany's uneasy relationship with the
project of European legal integration? How have the concepts of
sovereignty, state, people, and democracy come to dominate the
Constitutional Court's thinking, despite not being defined in the
Constitution itself? Despite its importance to the whole enterprise
of the European Union, German constitutional thought has been
poorly understood in the wider European literature. This book
presents a historical account of German conceptions of
constitutional law, providing the understanding necessary to see
what is at stake in contemporary debates surrounding the
constitution and the European Union. Examining the modern
development of German constitutional thought, this volume traces
the key public law concepts of state, constitution, sovereignty,
and democracy from their modern emergence in the 19th century
through to the present day. It analyses the constitutional
relationship between Germany and the EU from a sociological and
historical perspective, looking at how German constitutional law
has conflicted and compromised with EU law, and the difficulties
this has raised. Filling a significant gap in comparative
constitutional law literature, this book provides an account of the
major schools of German constitutional thought and their
development. Against this backdrop it offers a fascinating insight
into Germany's relationship with the European Union.
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