ePub, PDF Traditions and Transformations Available

Traditions and Transformations (ePub)

E-Book Traditions and Transformations by Michaela Hailbronner is now ready.

What's Inside

E-book in high quality for reading online or print
Popular formats for various devices: PDF, ePub, FB2, Mobi (Kindle), DOC (MS Word)
The fastest servers to download

About eBook

eBook Description

German constitutionalism has gained a central place in the global comparative debate, but what underpins it remains imperfectly understood. Its distinctive conception of the rule of law and the widespread support for its powerful Constitutional Court are typically explained in one of two ways: as a story of change in reaction to National Socialism, or as the continuation of an older nineteenth-century line of constitutional thought that emphasizes the function of constitutional law as a constraint on state power. But while both narratives account for some important features, their explanatory value is ultimately overrated. This book adopts a broader comparative perspective to understand the rise of the German Constitutional Court. It interprets the particular features of German constitutional jurisprudence and the Court's strength as a reconciliation of two different legal paradigms: first, a hierarchical legal culture as described by Mirjan Damaska, building on Max Weber, as opposed to a more co-ordinate understanding of legal authority such as prevails in the United States, and secondly, the turn towards a transformative understanding of constitutionalism, as it is today most often associated with countries such as South Africa and India. Using post-war legal history and sociological and empirical research in addition to case law, this book demonstrates how German constitutionalism has harmonized the frequently conflicting demands of these two legal paradigms, resulting in a distinctive type of constitutional reasoning, at once open, pragmatic, formalist, and technical, which this book labels Value Formalism. Value Formalism, however, also comes with serious drawbacks, such as a lack of institutional self-reflection in the Court's jurisprudence and a closure of constitutional discourse to laymen, whom it excludes from the realm of legitimate interpreters.

eBook Info

FormateBook, (torrent)En
PublisherOxford University Press
File size2.6 Mb
GanreAbnormal Psychology
Release date 29.12.2015
Pages count224
Book rating0.7 (0 votes)

Download Traditions and Transformations (ePub)

traditions_and.epub traditions_and.epub
Source: eBooks unLimited
Format: ePub
Size: 11,6Mb

5289_traditions_and.pdf 5289_traditions_and.pdf
Source: Share-Spare
Format: PDF
Size: 2,4Mb

traditions_and_[share_spare].mobi traditions_and_[share_spare].doc
Source: eBooks unLimited
Format: Mobi
Size: 13,5Mb

ebooks_unlimited-traditions_and.zip ebooks_unlimited-traditions_and.zip
Source: «United GOV»
Format: ePub + PDF
Size: 15,8Mb

traditions_and.epub traditions_and.epub
Source: «United GOV»
Format: ePub
Size: 4,6Mb


Related e-Books