The Justicization of Politics: Constitutionalism and Democracy in Germany after 1949 | Zendy

Verena Frick | Zendy

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The Justicization of Politics: Constitutionalism and Democracy in Germany after 1949

Author(s) -

Verena Frick

Publication year - 2019

Publication title -

redescriptions political thought conceptual history and feminist theory

Language(s) - English

Resource type - Journals

eISSN - 2308-0914

pISSN - 2308-0906

DOI - 10.33134/rds.312

Subject(s) - constitutionalism , constitution , politics , democracy , german , law , historiography , value (mathematics) , political science , meaning (existential) , constitutional economics , constitutional law , sociology , epistemology , philosophy , linguistics , machine learning , computer science

By engaging with the historiography of German constitutionalism after 1949, this article reconstructs a profound change of the meaning of the concept of constitution. The constitution evolved from a rather formal and provisional instrument of government to the just value order of politics, which scholars worldwide have celebrated as the value model of constitutionalism. The article critically examines the democratic consequences of this justicization of politics and disentangles the relationship between law and politics within German constitutional thinking by tracing its traditions and transformations back to scholarly debates and early Constitutional Court’s landmark decisions.

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