Download PDF by Ernst-Wolfgang Böckenforde, Mirjam Künkler, Tine Stein: Constitutional and political theory : selected writings

By Ernst-Wolfgang Böckenforde, Mirjam Künkler, Tine Stein

ISBN-10: 0191783137

ISBN-13: 9780191783135

ISBN-10: 0198714963

ISBN-13: 9780198714965

During this consultant version of Ernst-Wolfgang Bockenforde's definitive paintings in constitutionalism, legislation, and politics, readers have entry to the criminal discourse of 1 of Germany's best modern theorists and previous pass judgement on of the federal constitutional court

summary: during this consultant version of Ernst-Wolfgang Bockenforde's definitive paintings in constitutionalism, legislations, and politics, readers have entry to the felony discourse of 1 of Germany's top modern theorists and previous pass judgement on of the federal constitutional court docket

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103 Hochland –​Monatsschrift für alle Gebiete des Wissen, der Literatur, und der Kunst was a Catholic cultural magazine which published contributions by authors regardless of denomination and was viewed sceptically by the Catholic Church for its independence, critical spirit, and anti-​confessionalism. F. Müller Juristischer Verlag, 1985). The volume, based on some of the best papers emanating from the graduate seminar, analysed the radical shift that Staatsrechtslehre undertook methodologically, personally, and regarding the devaluation of democracy and the rule of law.

Festschrift für Martin Hirsch, (Baden-​ Baden: Nomos, 1981), pp. 259–​72. For a counter-​argument, see Gertrude Lübbe-​Wolff, ‘Rechtsstaat und Ausnahmerecht. Zur Diskussion über die Reichweite des § 34 StGB und über die Notwendigkeit einer verfassungsrechtlichen Regelung des Ausnahmezustandes’, in: Zeitschrift für Parlamentsfragen 11, 1980, pp. 110–​25.  428. In the interview with Dieter Gosewinkel, Böckenförde states that the argument laid out in this article represented the majority opinion in the committee on legal policies advising the SPD party executive, but due to the explosiveness of the topic it was agreed that he would publish this only as his personal opinion.

338–​40. 97 25 II. 98 In the European legal literature the court and especially Böckenförde (who was not the rapporteur of the decision but Paul Kirchhof ) were criticized for allegedly introducing here Schmitt’s idea of a homogenous people,99 although, by contrast, Hermann Heller, Schmitt’s opponent in this question, is explicitly quoted in the decision. The critics however argue—​somewhat implausibly—​that the court only referred to Heller in form (and misleadingly so), while suggesting a notion of homogeneity that was in fact closer to Schmitt’s.

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Constitutional and political theory : selected writings by Ernst-Wolfgang Böckenforde, Mirjam Künkler, Tine Stein


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