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.
Описание: This open access book explains why a democratic reckoning will start when European societies win the fight against COVID-19.
Have democracies successfully mastered the challenges of the pandemic? How has the coronavirus impacted democratic principles, processes and values? At the heels of the worst public health crisis in living memory, this book shines an unforgiving light on the side-lining of parliaments, the ruling by governmental decrees and the disenfranchisement of the people in the name of fighting COVID-19.
Pandemocracy in Europe situates the dramatic impact of COVID-19, and the fight against the virus, on Europe's democracies. Throughout its 17 contributions the book sets the theoretical stage and answers the democratic questions engaged by health emergencies. Seven national case studies - UK, Germany, Italy, Sweden, Hungary, Switzerland, and France - show, each time with a pronounced focus on a particular element of democracy, how different states reacted to the pandemic. The book also shifts the analytical gaze beyond the nation state towards international settings, looking at the effects on the European Union and considering the impact on populist movements.
Bridging disciplines and uniting a stellar cast of scholars on democracy, rule of law and constitutionalism, the book provides contours and nuances to a year of debates in political science, international relations and law on the impact of the virus on democracies.
In times of uncertainty, Pandemocracy in Europe provides analysis and answers to the democratic challenges of the coronavirus.
The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.
Автор: Schmitt, Carl Seitzer, Jeffrey Thornhill, Christop Название: Constitutional Theory ISBN: 0822340704 ISBN-13(EAN): 9780822340706 Издательство: Wiley EDC Рейтинг: Цена: 4460.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe.
Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
Автор: Schmitt, Carl Название: Leviathan in the state theory of thomas hobbes ISBN: 0226738949 ISBN-13(EAN): 9780226738949 Издательство: Wiley Рейтинг: Цена: 3643.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: One of the most significant political philosophers of the twentieth century, Carl Schmitt is a deeply controversial figure who has been labeled both a Nazi sympathizer and a modern-day Thomas Hobbes. This work uses the Enlightenment philosopher`s enduring symbol of the protective Leviathan to address the nature of modern statehood.
Автор: Petersen Felix Название: Failure of Popular Constitution Making in Turkey ISBN: 1108497624 ISBN-13(EAN): 9781108497626 Издательство: Cambridge Academ Рейтинг: Цена: 18216.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book details the conditions leading to the failure of constitution making and constitutional reform in Turkey, and offers lessons that can be applied elsewhere. It will appeal to scholars and students of constitutional politics and be valuable supplementary reading for undergraduate and graduate courses in Turkish studies.
Автор: Vinx Название: The Guardian of the Constitution ISBN: 110709268X ISBN-13(EAN): 9781107092686 Издательство: Cambridge Academ Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: As the terminal crisis of the Weimar Republic intensified, Hans Kelsen and Carl Schmitt debated whether the Weimar Constitution should be protected by a constitutional court or by presidential dictatorship. This volume provides the first translation of Kelsen`s and Schmitt`s famous and influential exchange on the `Guardian of the Constitution`.
Автор: Carl Schmitt Название: Constitutional Theory ISBN: 0822340119 ISBN-13(EAN): 9780822340119 Издательство: Wiley EDC Рейтинг: Цена: 17675.00 р. Наличие на складе: Поставка под заказ.
Описание:
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe.
Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
Описание: After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. The constitutional model they chose was neither the parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. This title questions the hasty adoption of semi-presidentialism by these democracies.
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.
Название: Critical theories of crisis in europe ISBN: 1783487453 ISBN-13(EAN): 9781783487455 Издательство: Неизвестно Рейтинг: Цена: 37474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides truly interdisciplinary analysis, bridging the gap between humanities, legal and social science approaches to the ongoing crisis in Europe.
Автор: David Jungbluth Название: Die Entwicklung des deutschen Wirtschaftsverfassungsrechts ISBN: 365822584X ISBN-13(EAN): 9783658225841 Издательство: Springer Рейтинг: Цена: 9141.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Wirtschaftsverfassungsrecht und -ordnung in der Weimarer Republik.- Wirtschaftsverfassung und -ordnung im Nationalsozialismus.- Genese der grundgesetzlichen Wirtschaftsverfassung.- Wirtschaftsverfassungsrecht und -ordnung in den Anfangsjahren der Bundesrepublik und des Grundgesetzes.
Автор: Adi Armon Название: Leo Strauss Between Weimar and America ISBN: 3030243885 ISBN-13(EAN): 9783030243883 Издательство: Springer Рейтинг: Цена: 9781.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This is the first book-length examination of the impact Leo Strauss’ immigration to the United States had on this thinking. Adi Armon weaves together a close reading of unpublished seminars Strauss taught at the University of Chicago in the 1950s and 1960s with an interpretation of his later works, all of which were of course written against the backdrop of the Cold War. First, the book describes the intellectual environment that shaped the young Strauss’ worldview in the Weimar Republic, tracing those aspects of his thought that changed and others that remained consistent up until his immigration to America. Armon then goes on to explore the centrality of Karl Marx to Strauss’s intellectual biography. By analyzing an unpublished seminar Strauss taught with Joseph Cropsey at the University of Chicago in 1960, Armon shows how Strauss’ fragmentary, partial engagement with Marx in writing obscured the important role that Marxism actually played as an intellectual challenge to his later political thinking. Finally, the book explores the manifestations of Straussian doctrine in postwar America through reading Strauss’ The City and Man (1964) as a representative of his political teaching.
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