Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition)

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Leo Trotzki

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The reader brings together a selection of important contributions to the field of theoretical and applied environmental economics Entgegen der pessimistischen Populationstheorie von Robert Thomas Malthus gelang es der vorindustriellen Gesell Ihr liegt das wirtschaftswissenschaftliche Cl Das vorliegende Buch behandelt Transformationspolitik ist Ende der 80er Jahre zum Leitmotiv der Forschungen im Bereich der Wirtschaftswissenschaften geworden.

Die Staaten Osteuropas versuchen seitdem den Weg von der Zentralverwaltungs- in die Marktwirtschaft zu finden. Eine wichti This book is about how much people earn and why the distribution of earnings has been changing over time. The gap between the top and bottom in the United States has widened significantly since Why has this happened? Is it due to new technologi Most studies of the world economy focus on highly developed countries and only on economic strategies. The New Global Economy in the Information Age is unique in integrating the political with the economic and in the truly global view it takes of the Experienced economics editors discuss navigating the world of scholarly journals, with details on submission, reviews, acceptance, rejection, and editorial policy.

Editors of academic journals are often the top scholars in their fields. They are charg This volume provides a new theoretical framework for understanding both the development of the international oil industry and the role played by oil in the emergence of US postwar hegemony. As such, it directly addresses contemporary developments in One reason for this might be the fact that, in , article 23 1 GG was introduced as the legal basis for the transfer of sovereign powers to the European level.

In this judgment, the Court examined for the first time the question whether European integration itself i. The Court started to develop, at the basis of the eternity clause, general limits on the transfer of sovereignty rights to the European level. These limits, based on article 79 3 GG, included the democracy principle and—as discussed in an orbiter dictum — the loss of German statehood which is not expressly protected by article 79 3 GG and is read into the eternity clause. The Maastricht judgment is also important because it accorded article 79 3 GG the function of ensuring the preservation of the Constitution.

The possibility of amendment adopted by the constituted power and legitimation by means of a popular referendum was expressly rejected.

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From the perspective of the principle of democracy, the violation of the constitutional identity codified in article In this respect, the constituent power has not granted the representatives and bodies of the people a mandate to dispose of the identity of the constitution. No constitutional body has been granted the power to amend the constitutional principles which are essential pursuant to article The Federal Constitutional Court monitors this.

To the extent that it is not limited by natural law principles, only the constituent power of the people can dispose over the constitutional identity and provide the people with a new constitution. The manner in which the German people can exercise this will is not apparent from the judgment. However, one can infer that the Court intended to refer to article of the GG.

The current version of article GG was introduced in the context of German reunification. It provides:. This Basic Law, which since the achievement of the unity and freedom of Germany applies to the entire German people, shall cease to apply on the day on which a constitution freely adopted by the German people takes effect. This re-wording of article GG has led to intense discussions among legal writers of the purpose and function of the new article GG and its relationship to art icle 79 3 GG.

The approach taken by the Court in its Lisbon judgment accords with the current line of thinking pursued by certain legal writers, and, in particular, with previous and current arguments by the Constitutional Court Justice, Peter M. Huber, which argues that article 79 3 GG does not apply within the context of article GG. According to this approach, article GG addresses the constituent power of the people, which is regarded as a power in the legal sense outside the constitution and article 79 3 GG addresses only the constituted powers.

They argue that the constituent power has only conferred limited competence on the constituted powers and has reserved its right to decide on the substance of article 79 3 GG. Consequently, the material limits contained in article 79 3 GG do not apply within the scope of article GG. Since its Lisbon judgment, the Court has further refined the concept of constitutional identity.

Of particular interest is the Outright Monetary Transactions decision of January 14, For the time being, the Court has relied generally on the values protected by art icle 79 3 in particular, the democracy principle when further specifying the content of constitutional identity. However, we can also note that the Court has not yet used the notion of constitutional identity when examining constitutional amendments unconnected to European integration or obligations under public international law. The concept of constitutional identity under the GG is not, as yet, a well-defined legal doctrine and its precise relationship to article 79 3 GG remains unclear.

However, we can observe that the concept of constitutional identity and the eternity clause are somehow linked, since, at the least, all values protected by article 79 3 GG are part of the German concept of constitutional identity. Moreover, article 79 3 GG is used to justify the current concept of constitutional identity, and more spec ifically, as proof that the constitutional identity of the GG is indeed to be protected.

Moreover, the current leading interpretations of article 79 3 GG and the doctrine of constitutional identity are based on a theoretical distinction between constituent power and constituted power which goes back to Carl Schmitt. The German doctrine is quite confusing on this point. Does this constituent power have a legal function within an existing constitutional system? In its Maastricht judgment, the Court seemingly regarded the constituent power to be only a possible social or revolutionary power outside the normative order of the GG.

The natural-law-based constituent power that belongs to the people exists outside and above the GG. This constituent power has to be consulted and may be called upon formally before any deviation from article 79 3 GG can take place. The Court regards the constituent power as a legal power that can indeed be exercised and that is possibly also limited by natural law. Finally, there is also a level of irony here.

The Constitutional Court relies on a distinction between constituent and constituted powers going back to Schmitt in order to also implicitly justify the judicial review and annulment of unconstitutional constitutional amendments, whereas Schmitt himself was opposed to judicial review. In addition, the Court regards the concept of constitutional identity as an inherent concept of the GG, which has no relationship to article 4 2 TEU.

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In the context of European integration, the concept of constitutional identity has two functions: it constitutes i a limit on the domestic application of European law and as such a limit on the supremacy of EU law and ii a limit on the transfer of sovereign rights to the European Union. This reasoning is logical from the point of view of the German Constitutional Court since it recycles an old German doctrine previously used to justify limits on constitutional amendments in order to justify limits for the European integration.

Its main function now is to limit the transfer of sovereignty rights to the European Union, prevent the domestic application of European and international law in ways that do not correspond to the identity of the constitution, and to overcome, rather than justify, existing material limits on constitutional amendments. The peculiarities of the German approach can best be illustrated in contrast to French constitutional law.

As in Germany, in French constitutional law there are, firstly, material limits on constitutional amendments article 89 para. However, the majority view in French constitutional law is completely different to the German conception. This is primarily due to a different understanding of the idea of constituent power. The French Constitutional Council and the majority view of the French doctrine certainly have a completely different understanding of the idea of constituent power.

The constituent power is the power to amend the constitution in accordance with art icle 89 1 — 3 of the French Constitution. An amendment to the constitution requires either the consent of both Houses of the French Parliament the National Assembly and the Senate and approval by referendum, or a decision of the parliament convened in Congress which means both Chambers reunited. A legally relevant constituent power outside the constitution is not recognized.

One of the most famous opponents of this approach is George Vedel who wrote:. The derived constituent power has the same nature as the initial constituent power: the constitution prescribes only a procedure which can by the way be revised. Consistent with this approach, article 89 5 of the French Constitution is generally not given a supra-constitutional status. In line with this reasoning, the Conseil Constitutionnel Constitutional Council , in its famous decision of March 26, , denied its competence to review constitutional amendments adopted either by Congress or by the people in a referendum.

The main reason was that the French Constitution did not transfer such competence to the Constitutional Council. According to the view generally held in French law, the doctrine of constitutional identity is a limited legal concept that is only directed against the supremacy of European law when certain constitutional norms or values are challenged.

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However, they can be modified by the amendment procedure outlined in article 89 1 — 3 of the French Constitution. Article 89 1 — 3 famously reads:. However, what precisely the French constitutional identity consists in is far from clear. To sum up, in French constitutional law, the constituent power is the power of amendment as enshrined in the French Constitution.

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This constituent power is regarded as sovereign, but bound by the Constitution. Moreover, the concept of constitutional identity is only relative, as it can be altered through the normal amendment process. In addition, the concept of constitutional identity is more European than German. The French Constitutional Court created the concept of constitutional identity as a new concept designed to limit the supremacy of European law. How can the different ideas of constituent power and their consequences for the material limits on constitutional amendments and the notion of constitutional identity be explained?

We could first examine the different normative settings in the French and German Constitutions.

The French Constitution expressly foresees the direct participation of the people for the purposes of constitutional amendments, whereas the German Constitution excludes the direct participation of the people in constitutional amendments. Second, we could examine the historical differences. Moreover, the German eternity clause was introduced as a threshold against totalit arism as a reaction of the apparently legal rise of power of the National Socialists, whereas article 89 5 was initially introduced in as part of a revision of the French Constitution of in order to safeguard the republican system against a re-introduction of the monarchy and then retained in the French Constitution of and However, I think the main reason for the divergent understandings of the constituent power lies in different theoretical traditions in both countries.

According to this tradition, the framing and amendment of the constitution should be conducted by a special constitutional assembly.

Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition) Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition)
Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition) Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition)
Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition) Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition)
Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition) Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition)
Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition) Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition)
Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition) Wirtschaftsgeschichtliche Entwicklung Nordeuropas (German Edition)

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