| Description |
1 online resource (xiv, 300 pages) |
| Contents |
The will of the state and the redemption of the German nation : legal positivism and constitutional monarchism in the German Empire -- The purity of law and military dictatorship : Hans Kelsen and Carl Schmitt in the Empire -- The radicalism of constitutional revolution : legal positivism and the Weimar Constitution -- The paradoxical foundations of constitutional democracy : Hans Kelsen and Carl Schmitt in the Weimar Republic -- Constitutional practice and the immanence of democratic sovereignty : Rudolf Smend, Hermann Heller, and the basic principles of the Constitution -- Equality, property, emergency : the constitutional jurisprudence of the high courts in the Republic |
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The power of the people and the rule of law: the problem of constitutional democracy in the Weimar Republic -- The will of the state and the redemption of the German nation: legal positivism and constitutional monarchism in the German empire -- The purity of law and military dictatorship: Hans Kelsen and Carl Schmitt in the empire -- The radicalism of constitutional revolution: legal positivism and the Weimar Constitution |
| Summary |
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 |
| Bibliography |
Includes bibliographical references (pages 253-292) and index |
| Notes |
Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002. http://purl.oclc.org/DLF/benchrepro0212 MiAaHDL |
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English |
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digitized 2010 HathiTrust Digital Library committed to preserve pda MiAaHDL |
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Print version record |
| Subject |
Constitutional history -- Germany.
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Constitutional law -- Germany -- Philosophy -- History
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Constituent power -- Germany -- History
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Constitutional history -- Germany -- Philosophy
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LAW -- Constitutional.
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LAW -- Public.
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HISTORY / Europe / Germany
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Constitutional history -- Philosophy
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Constituent power
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Constitutional history
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Constitutional law -- Philosophy
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Politics and government
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Grondwetten.
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Weimar-republiek.
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Staatsrecht.
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Debatten.
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Law - Non-U.S.
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Law, Politics & Government.
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Law - Europe, except U.K.
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| SUBJECT |
Germany -- Politics and government -- 1918-1933. http://id.loc.gov/authorities/subjects/sh85054639
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| Subject |
Germany
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| Genre/Form |
History
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| Form |
Electronic book
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| ISBN |
9780822397656 |
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082239765X |
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