Public Law in Germany: A Historical Introduction from the 16th to the 21st Century

ISBN : 9780198798965

Michael Stolleis; Thomas Dunlap
224 ページ
138 x 216 mm

German public law has been taught in universities since the early 17th century and continues to this day to be a dominant subject in German legal culture, especially in its modern incarnations of constitutional and administrative law, and European and international law. Michael Stolleis's Public Law in Germany: A Historical Introduction from the 16th to the 21st Century, expertly translated by Thomas Dunlap, provides an account of the fundamental developments in public law that situates current debates in the German Federal Constitutional Court as well as the role of the nation-state in Europe more broadly. It further examines the role of fundamental rights through the lens of Germany's special administrative courts and discusses their important role in the advancement of German law. Written with students in mind, the book distils Stolleis's masterful four-volume History of Public Law in Germany, the third volume of which (1914-1945) was published by Oxford University Press in 2004. It is an invaluable companion to the understanding of German public law more generally.


1 Introduction
2 The Emancipation from Roman Law and the Change in the Sources of Constitutional Law
3 Elements of the Emerging Public Law
4 Reichspublizistik, Natural Law, International Law, and Gute Policy
5 Public Law Between Revolution and Restoration
6 St. Paul's Church [Paulskirche]
7 Imperial State Law
8 Administrative Law in the Early Industrial State
9 The Theory of State Law and Administrative Law under the Weimar Constitution
10 Controversies over Method and General Theories of the State
11 Administrative Law in the Weimar Republic
12 The National Socialist State and Its Public Law
13 Germany's Legal Status, Reconstruction, Two States
14 The New 'Value System' [Wertordnung] and the Restoration of the Rechtsstaat
15 The Social and Interventionist State of the Federal Republic
16 The State Law, International Law, and Administrative Law of the GDR
17 European Law and International Law
18 Reunification
19 Globalization and the Future of the State
20 Conclusion


Michael Stolleis is a German jurist and legal historian. He is professor emeritus of public law and legal history at the Goethe University of Frankfurt. From 1991 to 2009 he was the Director of the Max Planck Institute for European Legal History.