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Peter HÃ¤berle on Constitutional Theory: Constitution as Culture and the Open Society of Constitutional Interpreters

Edited by Markus Kotzur

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Peter HÃ¤berle, one of the most eminent constitutional lawyers in Germany and beyond, has devoted over four decades of academic work to one central idea: that processes of constitutionalisation are cultural processes and their outcome, the constitution, thus qualifies as an emanation of culture itself. This volume introduces six seminal centrepieces of HÃ¤berle's constitutional cosmos to an English-speaking audience. His reflections on â€œFundamental Rights in the Welfare Stateâ€ introduced a â€œflexible dogmatic of human rightsâ€ according to which all human rights can be conceived social rights. â€œThe open society of constitutional interpretersâ€ and the classical piece on â€œPreambles in the text and context of constitutionsâ€ revolutionised constitutional interpretation theory. In his article on human dignity, HÃ¤berle paved the way for conceptualising this notion as a textual foundation of constitutional Democracies. The last two papers present the rationale for a cultural concept of constitutions and apply to the European plane, too. This book will allow readers to get to know Peter HÃ¤berle as a scholar who wants to discover the world beyond positive law.

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