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Social Democracy and the Rule of Law (Paperback)
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Social Democracy and the Rule of Law (Paperback)
Series: Routledge Library Editions: Political Thought and Political Philosophy
Expected to ship within 12 - 19 working days
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First published in 1987. The legal and political writings of the
German Social Democrats Kirchheimer and Neumann, from the period
prior to the National Socialist seizure of power, are little known
to English readers. This volume presents a selection of important
essays from this period, which focus on the prospects for the
constitutional realization of a social democratic order in the
first German Republic - the Weimar Republic, created out of the
collapse of the monarchy in 1918, and destroyed by the National
Socialists in 1933. Both Kirchheimer and Neumann were active as
lawyers in the later 1920s and early 1930s, the latter especially
having a close connection with trade union legislation and labour
law. From their viewpoint as Social Democrats and lawyers they
present incisive analyses of the problems confronted by the attempt
to realize the ideal of a social Rechtsstaat in a political
environment increasingly dominated by forces on left and right
which saw constitutional order only as a means to seize power, and
not as a legitimate form of order in itself. In these
circumstances, political issues translated into constitutional
issues, and thus could be analysed in terms of the aims and
objectives of a given constitutional order. A substantial
introduction by the volume's editor, Keith Tribe, presents the
political and theoretical background to these essays, which range
over questions of industrial democracy, political representation,
parliamentary rule and the role of judicial review. These issues
are once more on the political agenda of Western industrial
democracies, and the analyses of Kirchheimer and Neumann have lost
none of their force and relevance, despite the catastrophic
'failure' of Weimar democracy in 1933.
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