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...
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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
Includes bibliographical references (pages 253-292) and index
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The power of the people and the rule of law: the problem of constitutional democracy in the Weimar RepublicThe will of the state and the redemption of the German nation: legal positivism and constitutional monarchism in the German empireThe purity of law and military dictatorship: Hans Kelsen and Carl Schmitt in the empireThe radicalism of constitutional revolution: legal positivism and the Weimar Constitution
