Jump to ContentJump to Main Navigation
The Paradox of ConstitutionalismConstituent Power and Constitutional Form$
Users without a subscription are not able to see the full content.

Martin Loughlin and Neil Walker

Print publication date: 2008

Print ISBN-13: 9780199552207

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199552207.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 17 June 2019

‘We are (afraid of) the people’: Constituent Power in German Constitutionalism

‘We are (afraid of) the people’: Constituent Power in German Constitutionalism

Chapter:
(p.87) 5 ‘We are (afraid of) the people’: Constituent Power in German Constitutionalism
Source:
The Paradox of Constitutionalism
Author(s):

Christoph Möllers

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199552207.003.0006

This chapter examines the special path of constitutional development in Germany. It shows how developments from the Kaiserreich, through Weimar to the Nazi regime has rendered any attempt to make a direct appeal to the people, or even to the authority of a representative parliament, problematic. It indicates how the highly legalistic constitutional culture that evolved in the post-war Federal Republic was a product of conscious efforts to eliminate any claim to populism in the constitutional settlement imposed by the Allies, and suggests that the appeal to an especially formal notion of ‘constitutional patriotism’ has its basis in that history.

Keywords:   constitutional development in Germany, Kaiserreich, Weimar Republic, Nazi regime, Federal Republic of Germany, populism, constitutional patriotism

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .