Popular Sovereignty and the Crisis of German Constitutional Law: The Theory and Practice of Weimar Constitutionalism
$11.99
Description
Book Synopsis: 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.
Details
Discover the fascinating world of German constitutional law with Popular Sovereignty and the Crisis of German Constitutional Law: The Theory and Practice of Weimar Constitutionalism. This insightful book takes you on a historical journey through the Weimar Republic, where competing doctrines of constitutional law shaped the future of Germany. With a focus on the principle of popular sovereignty, author Peter C. Caldwell explores the creation of a new constitutional jurisprudence that was both modern and responsive to the needs of a welfare state.
Uncover the legal nature of democracy as debated by Weimar's political theorists and constitutional lawyers. Popular Sovereignty and the Crisis of German Constitutional Law highlights the different strands of positivist and anti-positivist legal thought, offering thought-provoking insights into the world of legal and political theory. By examining these influential thinkers, such as Hugo Preuss, Hans Kelsen, Carl Schmitt, Rudolf Smend, and Heinrich Triepel, this book sheds light on the constitutional struggles that shaped German legal and political culture during this crucial period.
Are you interested in the foundations of modern constitutional law? With Popular Sovereignty and the Crisis of German Constitutional Law, you'll gain access to a rich literature of German constitutional thought from the Weimar era. For the first time in English, you can explore the ideas and arguments put forth by these influential figures, making this book an essential resource for anyone interested in constitutional law and its impact on political theory.
Don't miss out on this opportunity to delve into the complex world of Weimar constitutionalism. Order your copy of Popular Sovereignty and the Crisis of German Constitutional Law today and discover the historical roots of modern legal and political systems. Click here to place your order now!
Discover More Best Sellers in Legal Theory & Systems
Shop Legal Theory & Systems
Comparative Criminal Justice Systems: A Topical Approach
$74.99


Criminal Justice: A Brief Introduction
$74.99


Stay the Hand of Vengeance: The Politics of War Crimes Tribunals
$8.88


Hard White: The Mainstreaming of Racism in American Politics
$20.24


The Catholic Church and European State Formation, AD 1000-1500
$90.00


Beyond All Reason: The Radical Assault on Truth in American Law
$15.06
