SENSE AND VALUE OF THE CONSTITUTIONAL ORDER IN THE CORE WORKS OF HERMANN HELLER. WEIMAR AND THE ETHISCHE RECHTSGRUNDSÄTZE
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Abstract
This article deals with some salient features of Hermann Heller’s political-sociological approach to the reality of the constitution. In so doing it can be verified how the empirical reality itself of the constitutional organization is not explained —not least legitimized— but thanks to the fundamental ethical-legal principles (ethische Rechtsgrundsätze). The Weimar Constitution provides an illustrative example of this central conception of Hermann Heller’s political and legal philosophy.
The sources for this task are the main systematic works of the great theoretician of the State.
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