Popular Sovereignty and the Crisis of German Constitutional Law - The Theory and Practice of Weimar Constitutionalism (Paperback, New)

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.

General

Imprint:	Duke University Press
Country of origin:	United States
Release date:	August 1997
First published:	August 1997
Authors:	Peter C. Caldwell
Dimensions:	233 x 155 x 23mm (L x W x T)
Format:	Paperback - Trade
Pages:	320
Edition:	New
ISBN-13:	978-0-8223-1988-7
Categories:	Books > Humanities > History > European history > General Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General Books > Humanities > History > World history > From 1900 > General Books > History > European history > General Books > History > World history > From 1900 > General Promotions
LSN:	0-8223-1988-8
Barcode:	9780822319887

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