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Constitutional and Political Theory Ernst-Wolfgang Boeckenfoerde (Professor Emeritus, Professor Emeritus, University of Freiburg)

Constitutional and Political Theory By Ernst-Wolfgang Boeckenfoerde (Professor Emeritus, Professor Emeritus, University of Freiburg)

Constitutional and Political Theory by Ernst-Wolfgang Boeckenfoerde (Professor Emeritus, Professor Emeritus, University of Freiburg)

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Summary

In this edition of Ernst-Wolfgang Boeckenfoerde's definitive work in constitutionalism, law and politics, readers have access to the legal discourse of one of Germany's leading contemporary theorists and former judge of the federal constitutional court, available in the English language for the first time.

Constitutional and Political Theory Summary

Constitutional and Political Theory: Selected Writings by Ernst-Wolfgang Boeckenfoerde (Professor Emeritus, Professor Emeritus, University of Freiburg)

Ernst-Wolfgang Boeckenfoerde (b. 1930, d. 2019) is one of Europe's foremost legal scholars and political thinkers. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court (December 1983 - May 1996), Boeckenfoerde has been a major contributor to contemporary debates in legal and political theory, to the conceptual framework of the modern state and its presuppositions, and to contested political issues such as the rights of the enemies of the state, the constitutional status of the state of emergency, citizenship rights, and challenges of European integration. His writings have shaped not only academic but also wider public debates from the 1950s to the present, to an extent that few European scholars can match. As a federal constitutional judge and thus holder of one the most important and most trusted public offices, Boeckenfoerde has influenced the way in which academics and citizens think about law and politics. During his tenure as a member of the Second Senate of the Federal Constitutional Court, several path-breaking decisions for the Federal Republic of Germany were handed down, including decisions pertaining to the deployment of missiles, the law on political parties, the regulation of abortion, and the process of European integration. In the first representative edition in English of Boeckenfoerde's writings, this volume brings together his essays on constitutional and political theory. The volume is organized in four sections, focusing respectively on (I) the political theory of the state; (II) constitutional theory; (III) constitutional norms and fundamental rights; and (IV) the relation between state, citizenship, and political autonomy. Each of these feature introductions to the articles as well as a running editorial commentary to the work. A second volume will follow this collection, focusing on the relation between religion, law, and democracy. A companion volume entitled Religion, Law, and Democracy is also being published.

Constitutional and Political Theory Reviews

Both as a justice and thinker, Ernst-Wolfgang Boeckenfoerde is a towering figure in German law and philosophy. It is past time for the English-speaking world to fully confront his remarkable contributions to modern constitutionalism. * Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University *
Few scholars have been as decisive and important to German constitutional thinking as Ernst-Wolfgang Boeckenfoerde. The translation into English of some of his major works will make a similar contribution to constitutional theorizing well beyond the German-speaking world. Boeckenfoerde falls into the rare category of indispensable scholarship. * J. H. H. Weiler, Joseph Straus Professor of Law and European Union Jean Monnet Chair, New York University School of Law *
This is a major contribution to the debate and should be read by everyone with interests at the intersection of constitutional and political theory. * Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and International Affairs, the Woodrow Wilson School and the University Center for Human Values, Princeton University *

About Ernst-Wolfgang Boeckenfoerde (Professor Emeritus, Professor Emeritus, University of Freiburg)

Ernst-Wolfgang Boeckenfoerde was a Professor emeritus of Public Law at the University of Freiburg. He is one of the best-known and most influential German legal scholars in the post-war period. From 1983-1996 he served as Justice of the Federal Constitutional Court of Germany. In the 1960s, Boeckenfoerde was one of the founders of the journal Der Staat - Zeitschrift fur Staatslehre, OEffentliches Recht und Verfassungsgeschichte. He was a member of the Social Democratic Party and served as a long-time legal advisor to it. Mirjam Kunkler is Senior Research Fellow at the Swedish Collegium of Advanced Study. Tine Stein is Professor of Political Theory at the University of Kiel.

Table of Contents

Mirjam Kunkler and Tine Stein: Introduction 1. Political Theory of the State I: Security and Self-Preservation before Justice: The Paradigm Shift and Transition from a Natural-Law to a Positive-Law Basis in Thomas Hobbes' System of Law (2004) II: The Concept of the Political: A Key to Understanding Carl Schmitt's Constitutional Theory III: The State as an Ethical State - Der Staat als Sittlicher Staat (1978). IV: The Repressed State Of Emergency. The Exercise of State Authority in Extraordinary Circumstances (1978) Part 2. Constitutional Theory Mirjam Kunkler and Tine Stein: Introduction to Part 2 V: The Concept and Problems of the Constitutional State (1997) VI: The Historical Evolution and Changes in the Meaning of the Constitution - Geschichtliche Entwicklung und Bedeutungswandel der Verfassung (1984) VII: The Constituent Power of the People: A Liminal Concept of Constitutional Law (1986) VIII: Constitutional Jurisdiction: Structure, Organization, and Legitimation (1999) Part 3. Fundamental Rights and Constitutional Principles Mirjam Kunkler and Tine Stein: Introduction to Part 3 IX: Critique of the Value-Based Grounding of Law (1990) X: Fundamental Rights as Constitutional Principles: On the Current State of Interpreting Fundamental Rights (1990) XI: The Fundamental Rights: Theory and Interpretation (1974) XII: Protection of Liberty against Societal Power: Outline of a Problem (1975) Part 4. On the Relationship between State, Citizenship and Political Autonomy Mirjam Kunkler and Tine Stein: Introduction to Part 4 XIII: The Persecution of the Jews as a Civic Betrayal (1997) XIV: State Citizenship and the Concept of Nationality (1995) XV: The Future of Political Autonomy: Democracy and Statehood in a time of Globalization, Europeanization, and Individualization (1998) XVI: Which Path is Europe Taking? (1997) Part 5. Boeckenfoerde in Context XVII: Biographical Interview with Ernst-Wolfgang Boeckenfoerde (2011)

Additional information

NGR9780198714972
9780198714972
0198714971
Constitutional and Political Theory: Selected Writings by Ernst-Wolfgang Boeckenfoerde (Professor Emeritus, Professor Emeritus, University of Freiburg)
Ernst-Wolfgang Boeckenfoerde (Professor Emeritus, Professor Emeritus, University of Freiburg)
Oxford Constitutional Theory
New
Paperback
Oxford University Press
2022-06-24
280
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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