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Rechtsstaat, Rule of Law, l'Etat de droit

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0012
Subject:
Law, Public International Law

This chapter examines the origins of the various articulations of the general expression of the ‘rule of law’ in English, German, and French legal thought. It shows that the role performed by this ... More


Private and Public Autonomy Revisited: Habermas’ Concept of Co-originality in Times of Globalization and the Militant Security State

Rainer Nickel

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0009
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter develops a theoretical perspective in sympathy with the Habermasian idea of the symbiosis of the legal and the political, of (private) rights and (public) democracy, of the Rechtsstaat ... More


The German Rechtsstaat and the French Political State

Mark Hewitson

in National Identity and Political Thought in Germany: Wilhelmine Depictions of the French Third Republic, 1890–1914

Published in print:
2000
Published Online:
October 2011
ISBN:
9780198208587
eISBN:
9780191678073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208587.003.0002
Subject:
History, European Modern History

This chapter looks at the Dreyfus affair and the questions which it raised for German observers, including the fundamental relationship between law and the state. In many instances, this relationship ... More


The Interest of the State and the Rule of Law

Neil MacCormick

in Questioning Sovereignty: Law, State, and Nation in the European Commonwealth

Published in print:
1999
Published Online:
January 2010
ISBN:
9780198268765
eISBN:
9780191713118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268765.003.0003
Subject:
Law, EU Law

This chapter examines how far any particular state does live up to the rule of law, thereby achieving the character of a law-state. It focuses on a case in the United Kingdom (UK) involving the ... More


Thomas Hobbes: Liberal illiberal: Master-Mind Lecture read 15 October 2014

Noel Malcolm

in British Academy Lectures, 2015-16

Published in print:
2017
Published Online:
September 2017
ISBN:
9780197266045
eISBN:
9780191851452
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266045.003.0006
Subject:
History, Cultural History

Thomas Hobbes (1588–1679) has often been regarded as a very illiberal thinker —a defender of ‘despotism’ and an advocate of the principle that ‘might is right’. While those accusations are false, it ... More


The Remnants of the Rechtsstaat: An Ethnography of Nazi Law

Jens Meierhenrich

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198814412
eISBN:
9780191851964
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814412.001.0001
Subject:
Law, Legal History

This book provides an intellectual history of Ernst Fraenkel’s classic The Dual State (1941), one of the most erudite books on the theory of dictatorship ever written. Fraenkel’s was the first ... More


The Constitution: Government and the rule of law

Rachel S. Turner

in Neo-Liberal Ideology: History, Concepts and Policies

Published in print:
2008
Published Online:
March 2012
ISBN:
9780748632688
eISBN:
9780748652792
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632688.003.0007
Subject:
Political Science, Political Theory

This chapter looks at the constitution and the rule of law. It sees the constitution as a fundamental concept for neo-liberalism, one through which the powers of government may be curtailed. The ... More


State Law and Administrative Law after the Nazi Seizure of Power

Michael Stolleis

in A History of Public Law in Germany 1914–1945

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199269365
eISBN:
9780191699399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269365.003.0007
Subject:
Law, Constitutional and Administrative Law

The swift measures that followed the torchlight procession in Berlin on 30 January 1933, made it very clear that a continuation of politics under the Weimar Constitution was out of the question. With ... More


The End

Michael Stolleis

in A History of Public Law in Germany 1914–1945

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199269365
eISBN:
9780191699399
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269365.003.0010
Subject:
Law, Constitutional and Administrative Law

The outbreak of the Second World War in 1939, led to an enormous push toward discipline and regimentation. On one hand, an administration that functioned according to rules seemed necessary to run ... More


The Rule of Law Concept

Geranne Lautenbach

in The Concept of the Rule of Law and the European Court of Human Rights

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671199
eISBN:
9780191750663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671199.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

The rule of law is an essentially contested concept. It is defined in many different manners and debate is also necessary to keep it thriving. The differences concern the question which elements are ... More


Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940

Daniel R. Ernst

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199920860
eISBN:
9780199377206
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199920860.001.0001
Subject:
Political Science, American Politics

The French aristocrat Alexis de Tocqueville once wrote that “insufferable despotism” would prevail if America ever acquired a national administrative state. Today’s Tea Partiers evidently believe ... More


Historical forerunners of policy analysis in Germany

Klaus von Beyme

in Policy analysis in Germany

Published in print:
2013
Published Online:
January 2014
ISBN:
9781447306252
eISBN:
9781447310983
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447306252.003.0002
Subject:
Sociology, Politics, Social Movements and Social Change

This chapter deals with the historical forerunners of modern policy analysis in Germany, and their imprints on the discipline today. In the early 17th century, Germany turned into a provincial ... More


The Norwegian Context

Jonathon W. Moses and Bjørn Letnes

in Managing Resource Abundance and Wealth: The Norwegian Experience

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198787174
eISBN:
9780191829260
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198787174.003.0003
Subject:
Economics and Finance, Macro- and Monetary Economics

This is the second chapter to deal with non-transferable aspects of the Norwegian experience. The chapter provides the broader Norwegian political context into which oil was inserted, that is, a ... More


The Challenge of Mass Democracy

Benjamin A. Schupmann

in Carl Schmitt's State and Constitutional Theory: A Critical Analysis

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198791614
eISBN:
9780191833991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198791614.003.0002
Subject:
Law, Constitutional and Administrative Law

Chapter 1 analyzes Schmitt’s assessment of democratic movements in Weimar and the gravity of their effects on the state and constitution. It emphasizes that the focus of Schmitt’s criticism of Weimar ... More


Basic Rights

Benjamin A. Schupmann

in Carl Schmitt's State and Constitutional Theory: A Critical Analysis

Published in print:
2017
Published Online:
January 2018
ISBN:
9780198791614
eISBN:
9780191833991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198791614.003.0007
Subject:
Law, Constitutional and Administrative Law

Chapter 6 analyzes how Schmitt applied his state and constitutional theory to Weimar. It shows Schmitt theorized a “counter-constitution” that entrenched liberal basic rights absolutely against ... More


Freund and Frankfurter

Daniel R. Ernst

in Tocqueville’s Nightmare: The Administrative State Emerges in America, 1900-1940

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199920860
eISBN:
9780199377206
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199920860.003.0002
Subject:
Political Science, American Politics

One of the few Americans who looked to the European continent not just for programs to address the social ills of capitalism but also to constrain administrators was the German-educated law professor ... More


Introduction

Matthew P. Fitzpatrick

in Purging the Empire: Mass Expulsions in Germany, 1871–1914

Published in print:
2015
Published Online:
April 2015
ISBN:
9780198725787
eISBN:
9780191792786
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198725787.003.0001
Subject:
History, European Modern History, Military History

Laying the conceptual groundwork for the book, the introduction presents the concept of expulsions, the state of exception, the decentralized nature of the German Empire, the role of parliamentary ... More


Proportionality

Malcolm Thorburn

in Philosophical Foundations of Constitutional Law

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198754527
eISBN:
9780191816161
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198754527.003.0016
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

In this chapter, the author explores the practice of proportionality justification that is a central feature of constitutional right protection in the many jurisdictions that share the ‘post-war ... More


Mr. von Mohl’s Term of Art: A History of the , 1798–1933

Jens Meierhenrich

in The Remnants of the Rechtsstaat: An Ethnography of Nazi Law

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198814412
eISBN:
9780191851964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814412.003.0004
Subject:
Law, Legal History

The German idea of the Rechtsstaat has revolutionary origins. Robert von Mohl crafted it under the influence of the Enlightenment. This chapter tells a brief history of the idea of the Rechtsstaat in ... More


An Ethnography of Nazi Law: The Gestation of , 1936–1941

Jens Meierhenrich

in The Remnants of the Rechtsstaat: An Ethnography of Nazi Law

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198814412
eISBN:
9780191851964
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198814412.003.0006
Subject:
Law, Legal History

This chapter turns to the gestation of the first, German-language manuscript of The Dual State, known as the Urdoppelstaat of 1938. I then chart the transformation of this unpublished manuscript into ... More


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