Constitutional Realism

Constitutional realism is the designation of a certain constitutional theoretical approach to the constitution analogous to the legal theoretical approach to law in legal realism .

The term goes back to Ernst Fraenkel , who used it to classify Karl Loewenstein's work on constitutional theory, which in turn was influenced by Max Weber's sociological approaches and American legal realism .

Constitutional realism is Loewenstein's departure from the legal positivism that was prevalent in Germany at the time (see also the methodological dispute of Weimar constitutional law ), without resorting to over-positive arguments.

literature

• Robert Christian van Ooyen (Ed.): Constitutional Realism. Karl Loewenstein's understanding of the state. Nomos, Baden-Baden 2007, ISBN 978-3-8329-3055-4 .