並列摘要
Modern constitutionalism that developed at first in America at the end of the 18th century is defined by twelve essential elements. German constitutionalism during the 19th century is characterized by specific elements that distinguish it from other Western constitutional systems. The main differences between modern constitutionalism and German constitutions of the 19th century are that the constitutions did not claim supremacy, the denial of judicial review, the missing constitutive function, the restrictions of democratic representation, the disapproval of the separation of powers principle as well as the different concept of fundamental rights. Even more important was the fact that the German constitutions were based on the monarchical principle and other principles of legitimacy but not on popular sovereignty. The German constitutions therefore remained a fragile compromise between different societal and political forces.
被引用紀錄
延伸閱讀
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