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Traditions and Transformations – The Rise of German Constitutionalism - Oxford Scholarship Online
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Traditions and Transformations: The Rise of German Constitutionalism

Michaela Hailbronner

Abstract

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 two ways: as a story of change in a reaction to National-Socialism or as the continuation of an older nineteenth-century line of constitutional thought. But while both narratives account for some important features, their explanatory value is ultimately overrated. This book adopts a broader comparative perspective to und ... More

Keywords: German constitutionalism, Federal Constitutional Court, Value Formalism, National-Socialism, legal culture, comparative perspective, transformative constitutionalism

Bibliographic Information

Print publication date: 2015 Print ISBN-13: 9780198735427
Published to Oxford Scholarship Online: December 2015 DOI:10.1093/acprof:oso/9780198735427.001.0001

Authors

Affiliations are at time of print publication.

Michaela Hailbronner, author
Senior Researcher, Institute for Comparative and International Law in Africa, University of Pretoria