Social Constitutionalism as Economic Democracy. A Reinterpretation of the Weimar Constitution in the Light of Hugo Sinzheimer's Contribution

Authors

  • Leticia Vita Universidad de Buenos Aires, CONICET

DOI:

https://doi.org/10.17811/hc.v0i19.503

Keywords:

Social constitutionalism – Weimar Constitution – Weimar National Assembly – Hugo Sinzheimer – Economic Democracy

Abstract

This article reviews the work of the Weimar National Assembly and, in particular, that of Hugo Sinzheimer, in order to reinterpret the scope of the type of social constitutionalism that was designed in 1919. It is based on the assumption that role of the Weimar National Assembly in regard to the design of a model of social state and the inclusion of new social rights has not received much attention from the academy because a reading of Weimer’s Constitution is predominantly deemed as a "failed" Constitution. From a detailed analysis of the transcripts of the debates, the aim is to reinterpret the scope of the social provisions designed, especially those made by Hugo Sinzheimer. This analysis leads to the conclusion that the type of social constitutionalism in which the Weimar National Assembly innovated is worth re-interpreting on the basis of the idea of economic democracy, which underlies the main provisions of the economic section of the Constitution and that is connected with Sinzheimer´s ideas about labour law.

Enviado el (Submission Date): 18/07/2017
Aceptado el (Acceptance Date): 25/09/2017

Author Biography

Leticia Vita, Universidad de Buenos Aires, CONICET

Doctora en Derecho, Abogada, Lic. en Ciencias Política (UBA)

Profesora Adjunta - Departamento de Derecho Público Facultad de Derecho, Universidad de Buenos Aires, Argentina.

Investigadora del CONICET, Argentina. 


Investigadora Permanente del Instituto de Investigaciones A. L. Gioja, Facultad de Derecho, Universidad de Buenos Aires, Argentina. 

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Published

2018-05-10

Issue

No. 19 (2018): Historia Constitucional N. 19 (2018)

Section

Europe

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