简介
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鈥檚 political theorists and constitutional lawyers. Laying the groundwork for questions about constitutional law in today鈥檚 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.
目录
Preface
Acknowledgments
The Power of the People and the Rule of Law: The Problem of Constitutional Democracy in the Weimar Republic p. 1
The Will of the State and the Redemption of the German Nation: Legal Positivism and Constitutional Monarchism in the German Empire p. 13
The Purity of Law and Military Dictatorship: Hans Kelsen and Carl Schmitt in the Empire p. 40
The Radicalism of Constitutional Revolution: Legal Positivism and the Weimar Constitution p. 63
The Paradoxical Foundations of Constitutional Democracy: Hans Kelsen and Carl Schmitt in the Weimar Republic p. 85
Constitutional Practice and the Immanence of Democratic Sovereignty: Rudolf Smend, Hermann Heller, and the Basic Principles of the Constitution p. 120
Equality, Property, Emergency: The Constitutional Jurisprudence of the High Courts in the Republic p. 145
Conclusion: The Crisis of Constitutional Democracy p. 171
Notes p. 179
Bibliography p. 253
Index p. 293
Acknowledgments
The Power of the People and the Rule of Law: The Problem of Constitutional Democracy in the Weimar Republic p. 1
The Will of the State and the Redemption of the German Nation: Legal Positivism and Constitutional Monarchism in the German Empire p. 13
The Purity of Law and Military Dictatorship: Hans Kelsen and Carl Schmitt in the Empire p. 40
The Radicalism of Constitutional Revolution: Legal Positivism and the Weimar Constitution p. 63
The Paradoxical Foundations of Constitutional Democracy: Hans Kelsen and Carl Schmitt in the Weimar Republic p. 85
Constitutional Practice and the Immanence of Democratic Sovereignty: Rudolf Smend, Hermann Heller, and the Basic Principles of the Constitution p. 120
Equality, Property, Emergency: The Constitutional Jurisprudence of the High Courts in the Republic p. 145
Conclusion: The Crisis of Constitutional Democracy p. 171
Notes p. 179
Bibliography p. 253
Index p. 293
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