Constitutional history

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The constitutional history is part of trade law and the science of history .

definition

Constitutional history as a synonym for constitutional historiography deals with the history of the constitution in both a material and a formal sense. In the formal sense it is the history of the written constitutions, in the material sense it examines the political and social structures of history as well as the constitution as a cultural phenomenon. In this context one can also speak of a narrow and a broad concept of the constitution.

Constitutional history is a branch of historical science . It exists as the constitutional history of antiquity , the Middle Ages and the modern age . But it is at the same time part of jurisprudence , namely of public law , but also of legal history . As a kind of auxiliary science of law, it is used in the context of historical interpretation . Sometimes political science also works with questions of constitutional history.

In practice, constitutional historiography in Germany has worked with a constitutional term since the 18th century that restricted constitutional history to the normative area of ​​the state. Mostly questions of the political constitution, state organization and state institutions were dealt with. This led to a strongly statistically oriented constitutional history, which as a result remained nationally limited. The constitutional history in Anglo-American historiography also corresponds to this statist understanding of the constitution . In contrast, French historiography used a constitutional concept that was expanded in terms of social and societal history to base its research on a histoire des institutions politiques .

The history of the constitution can be penetrated or structured using the conceptual categories of state theory ; the concepts themselves are subject to a historical process of development and change (see also etymology ); their anachronistic use should be avoided. Historical realities from the perspective of the people to understand the particular historical epoch is to continue to remember that social relationships and Sciences a development process subject (see. Social history and history of science ).

object

If constitutional historiography also deals with pre-constitutional history, even political and social structures of antiquity and the Middle Ages can be described as constitutional history and examined using the appropriate methods. In the Middle Ages and early modern times one can also tie in with the basic laws of the Holy Roman Empire such as the Golden Bull or the Peace of Westphalia , which - from a material point of view - are constitutional laws .

The American and French Revolutions and the constitutions that arose from them are of general importance for the history of the North American and European constitution.

The first constitutions on German soil in the time of the Rhine Confederation followed on from these traditions . They were followed by the German Confederation , the North German Confederation and the German Empire with their respective constitutions, which had the form of international treaties. In addition, the constitutional documents of the individual German states form points of contact for regional constitutional histories.

The Weimar Republic , the time of National Socialism , the Allied occupation and the emergence of the German Democratic Republic and the Federal Republic of Germany are of particular interest for German constitutional history .

Constitutional history in law studies

The "Constitutional History of the Modern Era" became part of the legal education with the Prussian study reform of 1931 and subsequently with the nationwide guidelines for law studies of 1935. Since then, constitutional history has remained part of legal training.

The “historical foundations” of the law apply to the entire federal territory in § 5a DRiG as part of the course. This is taken up in the legal training laws of the federal states (e.g. § 1 JAG MV). In the course of studies, this is mostly covered by facultative and more private law- oriented legal history lectures; Lectures or seminars specifically on constitutional history are offered less frequently (for example at the universities of Erlangen , Freiburg , Kiel , Hanover , Leipzig , Heidelberg , Marburg , Greifswald , Göttingen , Cologne , Düsseldorf , Münster , Mannheim , Osnabrück , Mainz , Bielefeld , Bayreuth , Trier , Tübingen , Göttingen or Bonn and Dresden ).

The Association for Constitutional History, founded in 1977 , to which around 170 lawyers , historians and archivists belong and which holds conferences every two years, deals with the sub-subject constitutional history .

Constitutional History in National Socialism

On January 30, 1933, Adolf Hitler was appointed Chancellor by President Hindenburg . In the period that followed, he succeeded in expanding his political power . One of the most decisive means for the National Socialists to gain power was the pseudo-legality of their methods. The National Socialists passed laws that were apparently in accordance with the constitution. Hitler even took his oath of legality on September 25, 1930. This only served for external preservation. In reality, the National Socialists suspended all basic rights and were able to exert enormous political pressure. On February 27, 1933, the Reichstag Fire Ordinance was issued. Central fundamental rights were already suspended in their § 1:

Ordinance of the Reich President for the Protection of People and State of February 28, 1933:

On the basis of Article 48 (2) of the Reich Constitution, the following is decreed to ward off communist acts of violence that endanger the state:

§ 1. Articles 114, 115, 117, 118, 123, 124 and 153 of the Constitution of the German Reich are suspended until further notice. There are therefore restrictions on personal freedom, the right of freedom of expression, including freedom of the press, the right of association and assembly, encroachment on the secrecy of letters, mail, telegraph and telephone, orders for house searches and confiscations as well as restrictions on property outside of it the statutory limits otherwise specified for this.

Many are of the opinion that a significant step was taken towards Nazi power. On March 24, 1933, the National Socialists abolished the separation of powers with the so-called Enabling Act . The legislature and the executive were one. The imperial government could pass imperial laws. Thus, the Constitution was changed by the Enabling Act. When Reich President Hindenburg died on August 2, 1934, Hitler's " seizure of power " was complete. The entire state power was united in the person of the Führer.

See also

Individual evidence

  1. ↑ Ewald Grothe : Between history and law. German constitutional historiography 1900–1970 . Munich 2005 (= Order Thinking, 16), pp. 35–42.
  2. ↑ Hans Boldt : Introduction to the history of the constitution. Two treatises on its methodology and history . Düsseldorf 1984.
  3. ↑ Grothe: Between History and Law , pp. 32–34.
  4. ↑ Grothe: Between History and Law , pp. 190–205.
  5. ^ Frotscher / Pieroth: Verfassungsgeschichte , 12th edition, Munich 2013.

literature

Especially Germany

  • Introduction to the topic:
    • Hans Fenske : German constitutional history. From the North German Confederation to today (=  contributions to contemporary history , vol. 6). 4th, expanded and updated new edition, Edition Colloquium, Berlin 2006, ISBN 978-3-89166-164-2 .
    • Dietmar Willoweit : Empire and State. A small German constitutional history , CH Beck, Munich 2013, ISBN 3-406-64615-8 .
    • Reinhold Zippelius : Small German constitutional history. From the early Middle Ages to the present , 7th edition, CH Beck, Munich 2006, ISBN 3-406-47638-4 .
  • Overview displays:
    • Hans Boldt: German Constitutional History , 2 vols.
      • Vol. 1: From the beginnings to the end of the older German empire 1806 , 2nd edition, dtv, Munich 1990, ISBN 3-423-04424-1 ;
      • Vol. 2: From 1806 to the present , dtv, Munich 1993, ISBN 3-423-04425-X .
    • Werner Frotscher , Bodo Pieroth : Verfassungsgeschichte , 12th edition, CH Beck, Munich 2013, ISBN 3-406-65302-2 .
    • Michael Kotulla : German constitutional history. From the Old Reich to Weimar (1495–1934) , Springer, Berlin [u. a.] 2008, ISBN 978-3-540-48705-0 .
    • Klaus Stern : The constitutional law of the Federal Republic of Germany , manual, 5 vol.
      • Volume V: The historical foundations of German constitutional law , CH Beck, Munich 2000, ISBN 978-3-406-07021-1 .
    • Dietmar Willoweit: German constitutional history. From Franconia to the reunification of Germany , 7th edition, CH Beck, Munich 2013, ISBN 3-406-65681-1 . ( Review )
  • Consolidation of individual aspects:
  • In detail: Ernst Rudolf Huber : German constitutional history since 1789 , 8 vols., Kohlhammer
    • Vol. 1: Reform and Restoration 1789 to 1830 , 2nd edition, Stuttgart 1990, ISBN 3-17-002501-5 ;
    • Vol. 2: The struggle for unity and freedom 1830 to 1850 , 3rd edition, Stuttgart 1988, ISBN 3-17-009741-5 ;
    • Vol. 3: Bismarck and the Reich , 3rd edition, Stuttgart 1988, ISBN 3-17-010099-8 ;
    • Vol. 4: Structure and Crises of the Empire , 2nd edition, Stuttgart 1982, ISBN 3-17-007471-7 ;
    • Vol. 5: World War, Revolution and Reich renewal: 1914-1919 , Stuttgart 1978, ISBN 3-17-001055-7 ;
    • Vol. 6: The Weimar Imperial Constitution , Stuttgart 1981, ISBN 3-17-001056-5 ;
    • Vol. 7: Expansion, protection and fall of the Weimar Republic , Stuttgart 1984, ISBN 3-17-008378-3 ;
    • Vol. 8: Registerband, Stuttgart 1990, ISBN 3-17-010835-2 .
  • For a deeper understanding (history of science): Michael Stolleis : History of Public Law in Germany , 3 vols., CH Beck,
    • Vol. 1: Reich Journalism and Police Science 1600–1800 , Munich 1988, ISBN 3-406-32913-6 ;
    • Vol. 2: Constitutional Law and Administrative Science 1800–1914 , Munich 1992, ISBN 3-406-33061-4 ;
    • Vol. 3: Constitutional and Administrative Law Studies in the Republic and Dictatorship 1914–1945 , Munich 1999, ISBN 3-406-37002-0 .
On the theory and history of the subject
  • Ewald Grothe: Between History and Law. German constitutional historiography 1900–1970 , Oldenbourg, Munich 2005 (= Ordnungssysteme, 16), ISBN 3-486-57784-0 . ( Review )
  • Hans Boldt: Introduction to the Constitutional History. Two treatises on their methodology and history , Droste, Düsseldorf 1984.
  • Fritz Hartung : On the development of constitutional historiography in Germany , Berlin 1956 (= session reports of the German Academy of Sciences in Berlin. Class for philosophy, etc. 1956, 3).
  • Helmut Neuhaus (ed.): Constitutional history in Europe. Conference of the Association for Constitutional History in Hofgeismar from March 27 to 29, 2006 , Duncker & Humblot, Berlin 2010 (= Der Staat, supplement 18).
Representations of the respective state or constitutional law
  • Paul Laband : The constitutional law of the German Empire , 4 vols.
  • Gerhard Anschütz , Richard Thoma (ed.): Handbuch des Deutschen Staatsrechts , 2 Vols., Tübingen 1932.
  • Ernst Rudolf Huber: Constitutional Law of the Greater German Reich , 2nd edition, Hanseatische Verlagsanstalt, Hamburg 1939.
Document collections
  • Ernst Rudolf Huber: Documents on German Constitutional History , 5 vols., 3rd ed., Kohlhammer, Stuttgart, Berlin, Cologne 1978–1997.
    • Vol. 1: German constitutional documents 1803–1850 , 3rd edition, Stuttgart 1978, ISBN 3-17-001844-2 ;
    • Vol. 2: German constitutional documents 1851–1900 , 3rd edition, Stuttgart 1986, ISBN 3-17-001845-0 ;
    • Vol. 3: German constitutional documents 1900–1918 , 3rd edition, Stuttgart 1990, ISBN 3-17-005060-5 ;
    • Vol. 4: German constitutional documents 1919–1933 , 3rd edition, Stuttgart 1992, ISBN 3-17-011718-1 ;
    • Vol. 5: Registerband, 3rd edition, Stuttgart 1997, ISBN 3-17-014369-7 .
  • Ernst Rudolf Huber: Sources on Constitutional Law in Modern Times , 2 vols., Tübingen 1949–1951.
    • Vol. 1: German Constitutional Law in the Age of Constitutionalism (1806–1918) , Tübingen 1949;
      (In the next edition, this volume merged into volumes 1 to 3 of the documents on German constitutional history .)
    • Vol. 2: German Constitutional Documents of the Present (1919–1951) , Tübingen 1951.
      (In the next edition, this volume was only partially incorporated into volumes 1 to 3 of the documents on German constitutional history , so that it can be used for documents from 1933 to 1951 is still of interest today.)
  • Heinrich Triepel (Ed.): Collection of sources for the German Reichsstaatsrecht , 5th edition, Aalen 1987 ISBN 3-511-10077-1 .
  • Ingo von Münch (ed.): Laws of the Nazi state. Documents of an injustice system , 3rd edition, Paderborn 1994, ISBN 3-8252-1790-6 .
Magazines

Austria in particular

  • Wilhelm Brauneder : Österreichische Verfassungsgeschichte , 11th edition, Manz, Vienna 2009, ISBN 978-3-214-14876-8 .
  • Oskar Lehner: Austrian constitutional and administrative history. With the basics of economic and social history , 3rd edition, Linz 2002, ISBN 3-85487-339-5 .
  • Klaus Berchtold: Constitutional History of the Republic of Austria , Vienna 1998, ISBN 3-211-83188-6 .
  • Ernst C. Hellbling: Austrian constitution and administrative history , 2nd edition, Vienna 1974, ISBN 3-211-81256-3 .
  • Arbeitsgemeinschaft Österreichische Rechtsgeschichte (Ed.): Legal and Constitutional History , Vienna 2014, ISBN 978-3-7089-0942-4 .

Especially Switzerland

  • Alfred Kölz : Modern Swiss constitutional history. Its basic lines from the end of the Old Confederation to 1848 , Stämpfli Velang, Bern 1992, ISBN 3-7272-9380-2 .
  • Alfred Kölz: Modern Swiss constitutional history. Its basic lines in the federal government and cantons since 1848 , Stämpfli Verlag, Bern 2004 (posthumously), ISBN 3-7272-9455-8 .
  • Hans Nabholz / Paul Kläui: Source book on the constitutional history of the Swiss Confederation and the cantons. From the beginning to the present , Verlag HR Sauerländer, Aarau 1940.
  • Alfred Kölz (Ed.): Source book on recent Swiss constitutional history , 2 volumes, Stämpfli Verlag, Bern 1992/1996.

Comparative European Constitutional History

  • Peter Brandt, Werner Daum, Martin Kirsch, Arthur Schlegelmilch (eds.): Handbook of European constitutional history. Institutions and Legal Practice in Social Change , 4 vols., JHW ​​Dietz
    (presentation of the constitutional development of all European states since 1800, based on four volumes.)
  • Dieter Gosewinkel, Johannes Masing (Ed.): The Constitutions in Europe 1789-1949. A scientific text edition. CH Beck, Munich 2006, ISBN 3-406-55169-6 .
  • Dietmar Willoweit, Ulrike Seif (Ed.): European constitutional history. CH Beck, Munich 2003, ISBN 3-406-49825-6 .
  • Anita Prettenthaler-Ziegerhofer: Constitutional history of Europe. From the 18th century to the Second World War. Scientific Book Society, Darmstadt 2013, ISBN 978-3-534-20484-7 .

Web links

Wikisource: Constitutions  - Sources and Full Texts