Original scientific paper
FORTY-NINE YEARS OF GERMAN FUNDAMENTAL LAW (CONSTITUTION)
Peter Haeberle
; University of Bayreuth, St.Gallen, Switzerland
Abstract
Häberle claims constitutional law is a comparative experiential science closely linked with political science with which it shares the research subject. The constitutional state has been going through a permanent process of changes; the central question is who is the prime mover of constitutional changes: constitutional/legal institutions, constitutional/legal science and political science or public opinion and political culture of citizens? By analysing the recent history of the changes of the German constitutions he suggests that all these factors contribute to constitutional changes. Nevertheless, as an expert for law and political science, who considers himself as belonging to the wider European scientific community, Häberle thinks that the decisive influences in constitutional changes stem from legal and political sciences and concludes: Sine qua (scientia) mortalium vita non regitur liberaliter (Without science, mortals do not command their life freely).
Keywords
Hrčak ID:
32317
URI
Publication date:
3.9.1998.
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