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The future of Staatsrecht: dominance, demise or demystification?

Murkens, Jo Eric Khushal (2007) The future of Staatsrecht: dominance, demise or demystification? Modern Law Review, 70 (5). pp. 731-758. ISSN 0026-7961

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Abstract

The relationship between the national and the European legal orders is affected by the way it is theorised by the national constitutional traditions. This article will explore the opposing constitutional assumptions in Germany that underlie two interpretations of what in Anglo-Saxon countries is known as constitutional law: Staatsrecht and Verfassungsrecht. The two contending visions are generated from different conceptions of the European Union and, especially, the state. The origins of the German constitutional traditions will be historically reconstructed. Although Staatsrecht has historically offered the dominant interpretation of public law, Verfassungsrecht has 'de-mystified' the state. To continue to offer a coherent interpretation Staatsrecht need not abandon the state as its central concept, but will need to re-examine the content of the concept in light of modern forms of constitutionalism and European integration.

Item Type: Article
Official URL: http://www.modernlawreview.co.uk/
Additional Information: © 2007 The Author
Library of Congress subject classification: J Political Science > JC Political theory
K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 29 May 2009 09:56
URL: http://eprints.lse.ac.uk/24153/

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