The Weimar Constitution: Model or Counter Image of the Basic Law

Authors

  • Horst Dreier Universität Würzburg

DOI:

https://doi.org/10.17811/hc.v0i20.601

Keywords:

Fundamental Rights, German Basic Law, Parliamentary System, Weimar Constitution, Reich State Court

Abstract

Many comparisons between the Weimar Constitution and the German Basic Law draw a fairly one-sided picture: The Weimar Republic failed due to several defects in its constitutional law. As the Basic Law avoids them it is regarded as the superior conception. On closer scrutiny, however, things look different: In many instances the Weimar Constitution established the same decisions as its successor. It gave – and still gives us – normative orientation in important matters of constitutional law. Therefore, one should stop to treat it as a misconception gloriously transcended by the Basic Law.

Fecha de envío / Submission date: 28/04/2019

Fecha de aceptación / Acceptance date: 12/05/2019

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Published

2019-05-13

Issue

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

Section

The Weimar Constitution in its centenary (1919-2019)

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