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Title:
Peter Ha˜berle on constitutional theory : constitution as culture and the open society of constitutional interpreters / Markus Kotzur (ed.).
Edition:
1st edition.
Publisher:
Hart Publishing ;
Copyright Date:
2018
Description:
323 pages ; 23 cm
Subject:
Ha˜berle, Peter.
Ha˜berle, Peter.
Ha˜berle, Peter--1934-
Constitutional law.
Constitutions.
Constitutional law.
Constitutions.
Offene Gesellschaft
Rechtskultur
Rechtstheorie
Verfassung
Verfassungsrecht
Verfassungstheorie
Other Authors:
Kotzur, Markus, editor.
Notes:
Includes bibliographical references.
Summary:
Peter Ha˜berle, one of the most eminent constitutional lawyers in Germany and beyond, has devoted over four decades of academic work to one central idea: that processes of constitutionalisation are cultural processes and their outcome, the constitution, thus qualifies as an emanation of culture itself. This volume introduces six seminal centrepieces of Ha˜berle's constitutional cosmos to an English-speaking audience. His reflections on "Fundamental Rights in the Welfare State" introduced a ́flexible dogmatic of human rightś according to which all human rights can be conceived social rights. "The open society of constitutional interpreters" and the classical piece on "Preambles in the text and context of constitutions" revolutionised constitutional interpretation theory. In his article on human dignity, Ha˜berle paved the way for conceptualising this notion as a textual foundation of constitutional Democracies. The last two papers present the rationale for a cultural concept of constitutions and apply to the European plane, too. This book will allow readers to get to know Peter Ha˜berle as a scholar who wants to discover the world beyond positive law. -- Provided by publisher.
ISBN:
3848747995
9783848747993
9781509926299
1509926291
OCLC:
(OCoLC)1041519219
Locations:
OVUX522 -- University of Iowa Libraries (Iowa City)

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