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Peter Haberle on Constitutional Theory : Constitution as Culture and the Open Society of Constitutional Interpreters

By: Markus Kotzur (Edited by)

Extended Catalogue

Ksh 27,100.00

Format: Hardback or Cased Book

ISBN-10: 1509926291

ISBN-13: 9781509926299

Publisher: Bloomsbury Publishing PLC

Imprint: Nomos/Hart

Country of Manufacture: DE

Country of Publication: GB

Publication Date: Jul 26th, 2018

Publication Status: Active

Product extent: 320 Pages

Weight: 810.00 grams

Dimensions (height x width x thickness): 16.40 x 22.80 x 2.00 cms

Product Classification / Subject(s): Constitutional & administrative law

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Peter Häberle, 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 Häberle's constitutional cosmos to an English-speaking audience. His reflections on “Fundamental Rights in the Welfare State” introduced a “flexible dogmatic of human rights” 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, Häberle 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 Häberle as a scholar who wants to discover the world beyond positive law.
Peter Häberle, 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 Häberle''s constitutional cosmos to an English-speaking audience. His reflections on “Fundamental Rights in the Welfare State” introduced a “flexible dogmatic of human rights” 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, Häberle 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 Häberle as a scholar who wants to discover the world beyond positive law.

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