From empire to union : conceptions of German constitutional law since 1871 / Jo Eric Khushal Murkens.

Format:

Book

Author/Creator:

Murkens, Jo Eric Khushal.

Language:

English

Subjects (All):

Constitutional law--Germany.

Constitutional law.

Constitutional law--Germany--History.

Law--European Union countries--International unification.

Law.

Physical Description:

1 online resource (247 p.)

Place of Publication:

Oxford : Oxford University Press, 2013.

Language Note:

English

Summary:

Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves through the European legal community who saw potential threats to further European integration.What explains Germany's uneasy relationship with the project of European legal integration? How have the concepts of sovereignty, state, people, and democracy come to dominate the Constitutional Court'

Contents:

Cover; Title Page; Copyright Page; Dedication; Contents; Introduction; Part I. Constitutional Law as A Discipline; 1. The Emergence of Constitutional Law as a Positive Discipline; I. GeorgJellinek (1851-1911); II. Hans Kelsen (1881-1973); 1. The state; 2. Sovereignty; 3. Constitution; 4. The foundation of the constitution; III. Conclusion; 2. The Rejection of Constitutional Law as a Positive Discipline; I. Carl Schmitt (1888-1985); 1. The state; 2. Constitution; 3. The foundation of the constitution; 4. Sovereignty; 5. Critical assessment; II. Rudolf Smend (1882-1975); 1. The state

2. Constitution3. Critical assessment; III. Conclusion; Part II. Constitutional Law as A Method; 3. Staatsrecht and Verfassungsrecht; I. Internal Interpretations of the Constitution; 1. Staatsrecht; a. The state as organized power distinguished from society; b. The state exists prior to the constitution; c. The constitution as a framework order; d. Critical assessment; e. Conclusion; 2. Verfassungsrecht; a. The state fulfils a social function for the political community; b. The law and constitution replace the theory of the state

c. The constitution is the basic legal order of the entire political community with a comprehensively guiding functionII. Conclusion; 4. External Application to the European Union; I. Staatsrecht; 1. Statehood as a limit to integration; 2. Representation and the role of the people; 3. The social glue; 4. Critical assessment; II. Ius Publicum Europaeum; 1. The principle of open statehood; 2. The post-national constellation; 3. The social glue; 4. Critical assessment; Part III. Constitutional Law as Political Jurisprudence; 5. Sovereignty and Continuity; I. A Short History of Sovereignty

1. Legal doctrine2. Scholarship; 3. Politics; II. The Genesis of the Basic Law; III. The Continuity of the State; 6. The Interpretation of the Basic Law by the Federal Constitutional Court; I. Dethroning Constitutional Scholars; II. Article 24 GG; III. Solange I(1974) and Solange II(1986); IV. Constitutional Amendment in 1992; V. Article 23 GG; VI. Article 146 GG and the 'suprema potestas' of the Court; VII. The Federal Constitutional Court as Final Arbiter; 7. The Structure of the Federal Constitutional Court's Decisions in Maastricht and Lisbon; I. Ratio decidendi; II. Article 38 GG

1. First ideological obstacle: Staatenverbund2. Second ideological obstacle: Sovereignty; 3. Third ideological obstacle: Democracy; a. The domestic concept; b. The European democracy deficit; 4. Fourth ideological obstacle: Identity; III. Conclusion; Conclusion; Appendix: Excerpts from the Basic Law for the Federal Republic of Germany; Bibliography; Index of Names; Index of Subjects; Footnotes

Notes:

Description based upon print version of record.

Includes bibliographical references and indexes.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-175119-7

0-19-165201-6

0-19-165200-8

OCLC:

836401969