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(Un)Constitutional Constitutional Mutation: Critique of the Concept

Name: (Un)Constitutional Constitutional Mutation: Critique of the Concept
Brand: Our Knowledge Publishing
SKU: 796c9f01109a2574118da85ad3c3a27a

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Bol The theory of constitutional mutation has its historical origins in the crisis of legalistic positivism in German law, but from its birth to subsequent reformulations, the same problems are encountered. This is because constitutional mutation was initially used during the German Empire to mask and legitimize acts of violence against the Constitution, but, in the absence of a constitutional review mechanism, it eventually gained legitimacy. The resumption of the concept during the Weimar period falls into the same problem once again. The supposed attempt to solve a gap between constitutional reality and normativity turns into a paradox: resorting to constitutional mutation conceals the difficulty of overcoming legalistic positivist thought and adequately addressing the relationship between law and politics.

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Beschrijving (1)

The theory of constitutional mutation has its historical origins in the crisis of legalistic positivism in German law, but from its birth to subsequent reformulations, the same problems are encountered. This is because constitutional mutation was initially used during the German Empire to mask and legitimize acts of violence against the Constitution, but, in the absence of a constitutional review mechanism, it eventually gained legitimacy. The resumption of the concept during the Weimar period falls into the same problem once again. The supposed attempt to solve a gap between constitutional reality and normativity turns into a paradox: resorting to constitutional mutation conceals the difficulty of overcoming legalistic positivist thought and adequately addressing the relationship between law and politics.

Lees meer