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Wir Sind das Volk: Notes About the Notion of ‘The People’ as Occasioned by the Lissabon-Urteil

Published online by Cambridge University Press:  19 October 2010

Abstract

Leipzig 1989: dissolution of the East German state people or Staatsvolk – Karlsruhe 2020: dissolution of the German people – Courts and the people as a neglected constitutional relationship – Bundesverfassungsgericht's versions of the people – Analysis of the concept of people – Forms of action – Political people breaks down into two: original and electoral people – Marbury v. Madison – Duality as a matter of doctrine and principle – Duality in Lissabon Urteil – Conflation and reduction of authority to vote – Subordination of electoral to original people – The Court's logic pushed into motion – Exposing the constitution

Type
Articles
Copyright
Copyright © T.M.C. Asser Press and the Authors 2010

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