Weimar Social Constitutionalism in French Legal Thinking in the Interwar Period

Authors

  • Carlos Miguel Herrera Université de Cergy-Pontoise, CPJP

DOI:

https://doi.org/10.17811/hc.v0i20.604

Keywords:

Weimar Constitution, Social Law, French Legal Thought, Gurvitch, Sinzheimer

Abstract

This article analyzes the reception of the Weimar Constitution in French legal thinking in the interwar period, from a specific point: the incorporation of social norms at the constitutional order. Although the early commentators quickly identified the innovations, there significance was in general minimized. The perspective changes at the end of the 1920s and 1930s, mainly due to the work of marginal thinkers in law schools. The reaction against the more rich French interpretation by the main German theorist in Social Law shows not only the limits of reception, but the difficulties for conceiving a social constitutionalism.

Enviado el (Submission Date):  27/04/2019

Aceptado el (Acceptance Date): 10/05/2019


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Published

2019-05-14

Issue

No. 20 (2019): Historia Constitucional N. 20 (2019)

Section

The Weimar Constitution in its centenary (1919-2019)

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