Popular Sovereignty - Pb by Peter CaldwellPopular Sovereignty - Pb by Peter Caldwell

Popular Sovereignty - Pb

byPeter Caldwell

Paperback | August 1, 1997

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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.
Title:Popular Sovereignty - PbFormat:PaperbackDimensions:320 pages, 9.16 × 6.16 × 0.94 inPublished:August 1, 1997Publisher:Duke University Press

The following ISBNs are associated with this title:

ISBN - 10:0822319888

ISBN - 13:9780822319887

Reviews

Editorial Reviews

""Popular Sovereignty and the Crisis of German Constitutional Law" . . . is thorough historically, giving a good account of constitutionalism and constitutional theory in Wilhelmine Germany, and of the way that leading theorists such as Paul Laband in the pre-1918 Empire set the tone for the theorizing later to come under Weimar. . . . The sequence of events leading up to and culminating in the disaster of 1933 is brilliantly grasped in Caldwell, and the main lines of legal theoretical controversy are sketched out reasonably well. Caldwell does, moreover, put real and rewarding effort into accounting for the German (and Austrian) tradition in public law scholarship, which supplies important context for a rounded understanding of basic points in issue among constitutional theorists and philosophers of law in 1932, and the preceding years.""" --Neil MacCormick, "Texas Law Review"