From Empire to Union
Conceptions of German Constitutional Law since 1871
Bibliographic Data
| ID | 23242550 |
|---|---|
| Authors | Jo Eric Khushal Murkens (0000-0001-8897-8860, corresponding author) |
| Year | 2013 |
| Pages | 286 |
| Publication date | 2013-01-17 |
| Open Access | No |
| Type | BOOK |
| Venue | From Empire to Union (SOURCE_BOOK) |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/acprof:oso/9780199671885.001.0001 |
| OpenAlex | W4243215848 |
| Open Library | OL28489322M |
| ISBN | 9780199671885 |
| Language | EN |
| Citations received | 6 |
This book examines the constitutional relationship between Germany and the European Union from a sociological and historical perspective. Sociologically, it analyses the relationship not purely in shallow, doctrinal terms (e.g. by discussing the authority of the relevant provisions of the Basic Law—although an entire chapter is dedicated to substantive constitutional law and interpretation), but through a deeper, ‘cultural’ analysis that is generated by the triangular links between public law, scholarship, and case law. The utilization of ‘elite legal culture’ enables a thorough comparison of the two main Federal Constitutional Court decisions, Maastricht (1993) and Lisbon (2009), as well as a multi-layered discussion of the split in public law scholarship that either prioritizes the integrity of the state (Staatsrecht) or the integrity of the constitution (Verfassungsrecht). This split is discussed both internally (in relation to the interpretation of national constitutional law) and externally (in relation to the European Union), where another constitutional method emerges (Ius Publicum Europaeum). Historically, it traces the main public law concepts (state, constitution, sovereignty, democracy, Volk) to their modern emergence in the nineteenth century and discusses them as sites of contestation in the Weimar as well as in the Bonn Republics.
Ancient history · Empire · Political science · European Political History Analysis · History · Constitutional history · Constitutional law · European union countries · Germany · International unification · LAW
| Unique citing works | 6 |
|---|---|
| Citations per year | 0,5 |
| Citation span | 2014 - 2022 (9) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 6 |