Constitutional and political theory : selected writings
Could one develop reliable criteria for exceptions to this rule? This was in the context of the emergence of radical leftist movements in West Germany, at the forefront the Red Army faction, which threatened to bring down the young West German democracy.
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The period began in with the famous Grundwertedebatte debate on core values. In two follow-up articles he then laid out why a democratic state must prove itself especially in how it deals with its internal enemies.
In two of these, his social democratic leanings come to the fore. He also dissented in the case regarding the net wealth tax where the majority had ruled that the fundamental right to property, in connection with other basic rights, imposed a general upper limit on taxation. Here his writings appear almost prophetic in light of contemporary challenges of populism and EU-scepticism.
He argued that Europe needed joint history text book commissions to transcend the nation-focused history curricula still in place in EU member states. He lamented that European publics still consumed their news almost exclusively through national media that were ill suited to promote a European public consciousness.
The practical implications of this were that one would need to open different EU treaty mechanisms to different audiences and drop the goal of an ever-closer union for all member states. For example, he proposed that Turkey might eventually join the Euro group, but stay out of the political union of the EU. Britain on the other hand should be allowed to opt out of those mechanisms aiming at a closer political union, while remaining economically integrated.
Yet, many democracies suffer today from deep polarization, pandered by growing economic inequality and increasingly separate life-worlds with divergent cultural outlooks, nationalist versus cosmopolitan, particularistic versus universalist, and laissez-faire versus regulatory views of government. New culture wars have emerged accompanied by new nationalist populisms. As a scholar of constitutional law and a judge on Germany's Federal Constitutional Court December - May , Bockenforde 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 and ethical problems.
Thus, his writings have shaped not only academic but also wider public debates from the s to the present, to an extent that few European scholars can match. As a federal constitutional judge and holder of one the most important and most trusted public offices, Bockenforde 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 Bockenforde's writings, this volume brings together his essays on constitutional and political theory. These include: political theory of the state; constitutional theory; constitutional norms and fundamental rights; the relationship between state, citizenship, and political autonomy.
Constitutional and Political Theory : Ernst-Wolfgang Boeckenfoerde :
Each of these cornerstones of Bockenforde's legal and political thinking feature introductions to the articles as well as a running editorial commentary to the work. A second volume will follow this collection, focusing on religion, law, and democracy. About This Item We aim to show you accurate product information.
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Constitutional And Political Theory - Selected Writings Hardcover
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