By Ernst-Wolfgang Böckenforde, Mirjam Künkler, Tine Stein

ISBN-10: 0191783137

ISBN-13: 9780191783135

ISBN-10: 0198714963

ISBN-13: 9780198714965

During this consultant variation of Ernst-Wolfgang Bockenforde's definitive paintings in constitutionalism, legislations, and politics, readers have entry to the felony discourse of 1 of Germany's prime modern theorists and previous pass judgement on of the federal constitutional court

summary: during this consultant variation of Ernst-Wolfgang Bockenforde's definitive paintings in constitutionalism, legislations, and politics, readers have entry to the criminal discourse of 1 of Germany's prime modern theorists and previous pass judgement on of the federal constitutional court docket

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400ff. Carl Schmitt betted with Hermann Lübbe that the article would not be published and Julius Wolff consulted a colleague to explore whether it would not be too risky to publish it before having a permanent position. 103 Hochland –​Monatsschrift für alle Gebiete des Wissen, der Literatur, und der Kunst was a Catholic cultural magazine which published contributions by authors regardless of denomination and was viewed sceptically by the Catholic Church for its independence, critical spirit, and anti-​confessionalism.

409f.  23–​50. 116 Formally, nominees have to be elected by a two-​thirds majority; half of the bench (of both the first and second senate) is elected by the Bundestag, the other half by the Bundesrat. 118 Among others, the Catholic bishops were strong proponents of an affirmative stance in the debate. Böckenförde argued against it, emphasizing that working towards a shared ethos was a task for society, and not the state. This was also the position Chancellor Schmidt defended in his speech ‘Ethos and Law in State and Society’ in mid-​ 1976, a speech co-​written by Böckenförde and Catholic scholar Oswald von Nell-​Breuning, which emphasized that the state needs to be neutral towards worldviews.

In general, party membership should not be overestimated: the institutional provision that constitutional judges cannot be re-​elected to some extent secures their political independence. For more background on the nomination process and the debates around introducing the neutral seats, see the biographical interview (Chapter XVII), here p. 393ff. The Grundwertedebatte took place in the context of debates over legal reform in particular of abortion and divorce, but encompassed a far broader field of issues, all revolving around the core question: to what extent should the state provide for a shared ethos in society, to what extent should its actions and policies aim to represent a certain worldview?

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Constitutional and political theory : selected writings by Ernst-Wolfgang Böckenforde, Mirjam Künkler, Tine Stein


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