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Author: Stephan G. Jaggi Publisher: ISBN: 9781509916948 Category : Languages : en Pages : 257
Book Description
"The book promotes a completely new understanding of constitutional lawmaking in Germany. A thorough analysis of the 1989 Revolution in the GDR demonstrates that it is wrong to reduce the Revolution's meaning to bringing about German unification and an unconditional adoption of West German constitutional law by the new states. Instead, the author shows that the Revolution had its own constitutional agenda, at least parts of which were transferred to unified Germany, where mostly the Federal Constitutional Court integrated them into the West German constitutional order. Case analyses reveal that unified Germany's constitutional law is a co-production between East German revolutionaries and the old Federal Republic."--Bloomsbury Publishing.
Author: Stephan G. Jaggi Publisher: ISBN: 9781509916948 Category : Languages : en Pages : 257
Book Description
"The book promotes a completely new understanding of constitutional lawmaking in Germany. A thorough analysis of the 1989 Revolution in the GDR demonstrates that it is wrong to reduce the Revolution's meaning to bringing about German unification and an unconditional adoption of West German constitutional law by the new states. Instead, the author shows that the Revolution had its own constitutional agenda, at least parts of which were transferred to unified Germany, where mostly the Federal Constitutional Court integrated them into the West German constitutional order. Case analyses reveal that unified Germany's constitutional law is a co-production between East German revolutionaries and the old Federal Republic."--Bloomsbury Publishing.
Author: Stephan Jaggi Publisher: Nomos/Hart ISBN: 9781509908011 Category : Law Languages : en Pages : 256
Book Description
The book promotes a completely new understanding of constitutional lawmaking in Germany. A thorough analysis of the 1989 Revolution in the GDR demonstrates that it is wrong to reduce the Revolution's meaning to bringing about German unification and an unconditional adoption of West German constitutional law by the new states. Instead, the author shows that the Revolution had its own constitutional agenda, at least parts of which were transferred to unified Germany, where mostly the Federal Constitutional Court integrated them into the West German constitutional order. Case analyses reveal that unified Germany's constitutional law is a co-production between East German revolutionaries and the old Federal Republic.
Author: Christian Bumke Publisher: Oxford University Press ISBN: 0192535617 Category : Law Languages : en Pages : 624
Book Description
This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.
Author: Bruce Ackerman Publisher: Harvard University Press ISBN: 0674970683 Category : Political Science Languages : en Pages : 473
Book Description
Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.
Author: Héctor López Bofill Publisher: Routledge ISBN: 1000393844 Category : Business & Economics Languages : en Pages : 192
Book Description
This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.
Author: Matthew Williams Publisher: Springer Nature ISBN: 303091495X Category : Political Science Languages : en Pages : 418
Book Description
This book looks at how the language of the law has changed over time, and how this has empowered judges. In particular it looks at how this has empowered judges to rule against governments.
Author: Peter J. Katzenstein Publisher: ISBN: 9780877222644 Category : Political Science Languages : en Pages : 434
Book Description
How can we account for the lack of large-scale policy change in West Germany despite changes in the partisan make-up of the federal government? This formulation of "the German Question" differs from the one commonly posed by students of German politics, a version usually focused on Germany's tragic confrontation with modernity and a possible revival of militarism and authoritarianism. Katzenstein here uncovers the political structures that make incremental policy change such a plausible political check against the growing force of government. This book examines in detail how West German policy and politics interrelate in six problem areas: economic management, industrial relations, social welfare, migrant workers, administrative reform, and university reform. Throughout these six case studies, Katzenstein suggests that West Germany's semi-sovereign state provides the answer to the German Question as it precludes the possibility of central authority. Coalition governments, federalism, para-public institutions, and the state bureaucracy are the domestic forces that have tamed power in the Federal Republic. Author note:Peter J. Katzensteinis Professor of Government at Cornell University, as well as a former editor of International Organization.