Dieter Grimm – författare

Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm''s most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism.Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German''s leading scholars of public law will be available in the English language.

Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm''s most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism.Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German''s leading scholars of public law will be available in the English language.

Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK''s decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe''s democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU''s executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of ''parliamentarization'' of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament''s powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU''s legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having ''Europeanized'' parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of member states even if this affects the common market.

Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK''s decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe''s democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU''s executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of ''parliamentarization'' of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament''s powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU''s legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having ''Europeanized'' parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of member states even if this affects the common market.

Dieter Grimm is one of the foremost scholars of constitutional law, constitutional theory, and European law in Germany and worldwide. His jurisprudential writings have found a large English-language audience in works such as Constitutionalism: Past, Present, and Future and The Constitution of European Democracy. This book is a conversation between Grimm and three scholars of constitutional law - Oliver Lepsius, Christian Waldhoff, and Matthias Rossbach - on his background, his childhood under the Nazi regime and the ruins of post-war Germany, his education in Germany, France, and the United States, his academic achievements, the main subjects of his research, his experience as a judge on a leading constitutional court (especially in the time of pivotal changes in the world after the fall of the Berlin Wall), and his views on actual challenges for law and society. Grimm also speaks about his attitude toward European integration where he is best known for his thesis that one of the biggest but least noticed causes for the lack of democratic legitimacy of the EU is its ''over-constitutionalization''. The book is an invaluable source of information on an outstanding career and the functioning of constitutional adjudication that the reader would not find in legal textbooks or treatises. The Times Literary Supplement, reviewing the German edition, stated: "For anyone wishing to understand the respect for the rule of law in modern Germany, this book is highly recommended."

Dieter Grimm is one of the foremost scholars of constitutional law, constitutional theory, and European law in Germany and worldwide. His jurisprudential writings have found a large English-language audience in works such as Constitutionalism: Past, Present, and Future and The Constitution of European Democracy. This book is a conversation between Grimm and three scholars of constitutional law - Oliver Lepsius, Christian Waldhoff, and Matthias Rossbach - on his background, his childhood under the Nazi regime and the ruins of post-war Germany, his education in Germany, France, and the United States, his academic achievements, the main subjects of his research, his experience as a judge on a leading constitutional court (especially in the time of pivotal changes in the world after the fall of the Berlin Wall), and his views on actual challenges for law and society. Grimm also speaks about his attitude toward European integration where he is best known for his thesis that one of the biggest but least noticed causes for the lack of democratic legitimacy of the EU is its ''over-constitutionalization''. The book is an invaluable source of information on an outstanding career and the functioning of constitutional adjudication that the reader would not find in legal textbooks or treatises. The Times Literary Supplement, reviewing the German edition, stated: "For anyone wishing to understand the respect for the rule of law in modern Germany, this book is highly recommended."

Constitutionalism: Past, Present, and Future will offer a definitive collection of Professor Dieter Grimm's most important scholarly writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism.Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.

Europe is in crisis. With rising unrest among citizens of EU member states exemplified by the UK's decision to leave the EU, and the growing popularity of anti-EU political parties, Dieter Grimm presents the argument that Europe has to change its method of further integration or risks failure. This book, containing essays many of which have not been published in the English language to date, explores how the EU has become over-constitutionalized. Grimm argues that this has left the EU with a democratic deficit leading to the alienation of citizens. This book highlights Europe's democracy problem. The most prominent argument running throughout is that the EU and its decision-making processes have become over-constitutionalized. This is due to the constitutionalization of European treaties, which has occurred by raising them to the eminence of a constitution as a result of the jurisprudence of the European Court of Justice. However, the treaties contain provisions that would be ordinary law in member states. The fact that they enjoy constitutional status in Europe detaches them from the democratic processes in the member states and the EU itself, and contributes to the growing independence of the EU's executive and judicial institutions. The book also asserts that currently the EU does not have enough sources of legitimation to uphold itself, surviving solely on the legitimation provided by member states. One popular remedy is the suggestion of 'parliamentarization' of the EU, giving the European Parliament the powers typically possessed by national parliaments as a means of heightening its legitimation. This is criticized by Grimm as expanding the Parliament's powers would not change the effects of over-constiutionalization as the Parliament is inferior to the constitution. In order to reduce the EU's legitimacy deficit, Grimm makes several recommendations. The repoliticization of the decision-making processes, which can be achieved by reducing treaties to the capacity necessary for their constitutional function; the reinvigoration of European Parliament elections, by having 'Europeanized' parties to increase engagement with European society and give voters the opportunity to more immediately influence European politics; and a new division of powers based on subject matter to restrain European expansionism, reserving particular areas of policy to the responsibility of member states even if this affects the common market.

Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism.Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.

Dieter Grimm is one of the foremost scholars of constitutional law, constitutional theory, and European law in Germany and worldwide. His jurisprudential writings have found a large English-language audience in works such as Constitutionalism: Past, Present, and Future and The Constitution of European Democracy.This book is a conversation between Grimm and three scholars of constitutional law - Oliver Lepsius, Christian Waldhoff, and Matthias Rossbach - on his background, his childhood under the Nazi regime and the ruins of post-war Germany, his education in Germany, France, and the United States, his academic achievements, the main subjects of his research, his experience as a judge on a leading constitutional court (especially in the time of pivotal changes in the world after the fall of the Berlin Wall), and his views on actual challenges for law and society. Grimm also speaks about his attitude toward European integration where he is best known for his thesis that one of the biggest but least noticed causes for the lack of democratic legitimacy of the EU is its 'over-constitutionalization'. The book is an invaluable source of information on an outstanding career and the functioning of constitutional adjudication that the reader would not find in legal textbooks or treatises.The Times Literary Supplement, reviewing the German edition, stated: "For anyone wishing to understand the respect for the rule of law in modern Germany, this book is highly recommended."

Dieter Grimm's accessible introduction to the concept of sovereignty ties the evolution of the idea to historical events, from the religious conflicts of sixteenth-century Europe to today's trends in globalization and transnational institutions. Grimm wonders whether recent political changes have undermined notions of national sovereignty, comparing manifestations of the concept in different parts of the world. Geared for classroom use, the study maps various notions of sovereignty in relation to the people, the nation, the state, and the federation, distinguishing between internal and external types of sovereignty. Grimm's book will appeal to political theorists and cultural-studies scholars and to readers interested in the role of charisma, power, originality, and individuality in political rule.

Dieter Grimm's accessible introduction to the concept of sovereignty ties the evolution of the idea to historical events, from the religious conflicts of sixteenth-century Europe to today's trends in globalization and transnational institutions. Grimm wonders whether recent political changes have undermined notions of national sovereignty, comparing manifestations of the concept in different parts of the world. Geared for classroom use, the study maps various notions of sovereignty in relation to the people, the nation, the state, and the federation, distinguishing between internal and external types of sovereignty. Grimm's book will appeal to political theorists and cultural-studies scholars and to readers interested in the role of charisma, power, originality, and individuality in political rule.

This collection of essays from Dieter Grimm, Germany’s most renowned constitutional scholar, shines a light on the jurisprudence of the German Constitutional Court and constitutional adjudication in general. Established in 1951, the court has become a blueprint for new courts ever since and its jurisprudence, particularly in the field of fundamental rights, has influenced the decisions of judges throughout the world. After the seismic constitutional changes of the years 1989–90 in Germany and beyond, many countries adopted new democratic constitutions and established constitutional courts in order to make their constitutions effective. Today, many of these courts are under attack both politically and intellectually. In this book, Grimm considers some of the fundamental questions under academic scrutiny today: are constitutional courts political or legal institutions? Is judicial review a political or a legal activity? Is it a threat to, or a condition, of democracy? Should these courts be abolished or strengthened? Is a rational interpretation of constitutional law possible? The essays provide answers to these questions and describe how constitutional courts work if they properly fulfill their function of enforcing the constitution. A special emphasis is put on the importance of constitutional interpretation: something, the author argues, that most critics of constitutional adjudication neglect.

This collection of essays from Dieter Grimm, Germany''s most renowned constitutional scholar, shines a light on the jurisprudence of the German Constitutional Court and constitutional adjudication in general. Established in 1951, the court has become a blueprint for new courts ever since and its jurisprudence, particularly in the field of fundamental rights, has influenced the decisions of judges throughout the world. After the seismic constitutional changes of the years 1989–90 in Germany and beyond, many countries adopted new democratic constitutions and established constitutional courts in order to make their constitutions effective. Today, many of these courts are under attack both politically and intellectually. In this book, Grimm considers some of the fundamental questions under academic scrutiny today: are constitutional courts political or legal institutions? Is judicial review a political or a legal activity? Is it a threat to, or a condition, of democracy? Should these courts be abolished or strengthened? Is a rational interpretation of constitutional law possible? The essays provide answers to these questions and describe how constitutional courts work if they properly fulfill their function of enforcing the constitution. A special emphasis is put on the importance of constitutional interpretation: something, the author argues, that most critics of constitutional adjudication neglect.

This collection of essays from Dieter Grimm, Germany''s most renowned constitutional scholar, shines a light on the jurisprudence of the German Constitutional Court and constitutional adjudication in general. Established in 1951, the court has become a blueprint for new courts ever since and its jurisprudence, particularly in the field of fundamental rights, has influenced the decisions of judges throughout the world. After the seismic constitutional changes of the years 1989–90 in Germany and beyond, many countries adopted new democratic constitutions and established constitutional courts in order to make their constitutions effective. Today, many of these courts are under attack both politically and intellectually. In this book, Grimm considers some of the fundamental questions under academic scrutiny today: are constitutional courts political or legal institutions? Is judicial review a political or a legal activity? Is it a threat to, or a condition, of democracy? Should these courts be abolished or strengthened? Is a rational interpretation of constitutional law possible? The essays provide answers to these questions and describe how constitutional courts work if they properly fulfill their function of enforcing the constitution. A special emphasis is put on the importance of constitutional interpretation: something, the author argues, that most critics of constitutional adjudication neglect.

This collection of essays from Dieter Grimm, Germany’s most renowned constitutional scholar, shines a light on the jurisprudence of the German Constitutional Court and constitutional adjudication in general. Established in 1951, the court has become a blueprint for new courts ever since and its jurisprudence, particularly in the field of fundamental rights, has influenced the decisions of judges throughout the world. After the seismic constitutional changes of the years 1989–90 in Germany and beyond, many countries adopted new democratic constitutions and established constitutional courts in order to make their constitutions effective. Today, many of these courts are under attack both politically and intellectually. In this book, Grimm considers some of the fundamental questions under academic scrutiny today: are constitutional courts political or legal institutions? Is judicial review a political or a legal activity? Is it a threat to, or a condition, of democracy? Should these courts be abolished or strengthened? Is a rational interpretation of constitutional law possible? The essays provide answers to these questions and describe how constitutional courts work if they properly fulfill their function of enforcing the constitution. A special emphasis is put on the importance of constitutional interpretation: something, the author argues, that most critics of constitutional adjudication neglect.

This book presents a unique account of the social and political impacts of the German Basic Law on the German Republic from 1949 to the present day.It considers the way in which the history of the Federal Republic of Germany has been decisively influenced by its Constitution, the Basic Law of 1949, and by the jurisprudence of the Federal Constitutional Court. The book argues that the historiography of the Federal Republic does little to reflect this influence. The Basic Law is mentioned and so occasionally rulings of the Federal Constitutional Court. But the reader does not get the impression that they were of specific importance in Germany before and after reunification. Legal scholars, on the other hand, are concerned about the legal consequences of the Basic Law, but do not analyse its impact in the real world. There is, thus, a gap between the two disciplines one not being familiar with social reality, the other not familiar with the normativity of the law. The history of the effectiveness of the constitution falls into this gap. In this book, Dieter Grimm, himself a Justice of the Federal Constitutional Court from 1987 to 1999 and an expert on interdisciplinary research in law, history and political science, guides the reader through important developments and events that were determined or influenced by the constitution and its judicial interpretation.

This book presents a unique account of the social and political impacts of the German Basic Law on the German Republic from 1949 to the present day.It considers the way in which the history of the Federal Republic of Germany has been decisively influenced by its Constitution, the Basic Law of 1949, and by the jurisprudence of the Federal Constitutional Court. The book argues that the historiography of the Federal Republic does little to reflect this influence. The Basic Law is mentioned and so occasionally rulings of the Federal Constitutional Court. But the reader does not get the impression that they were of specific importance in Germany before and after reunification. Legal scholars, on the other hand, are concerned about the legal consequences of the Basic Law, but do not analyse its impact in the real world. There is, thus, a gap between the two disciplines one not being familiar with social reality, the other not familiar with the normativity of the law. The history of the effectiveness of the constitution falls into this gap. In this book, Dieter Grimm, himself a Justice of the Federal Constitutional Court from 1987 to 1999 and an expert on interdisciplinary research in law, history and political science, guides the reader through important developments and events that were determined or influenced by the constitution and its judicial interpretation.

This book presents a unique account of the social and political impacts of the German Basic Law on the German Republic from 1949 to the present day.It considers the way in which the history of the Federal Republic of Germany has been decisively influenced by its Constitution, the Basic Law of 1949, and by the jurisprudence of the Federal Constitutional Court. The book argues that the historiography of the Federal Republic does little to reflect this influence. The Basic Law is mentioned and so occasionally rulings of the Federal Constitutional Court. But the reader does not get the impression that they were of specific importance in Germany before and after reunification. Legal scholars, on the other hand, are concerned about the legal consequences of the Basic Law, but do not analyse its impact in the real world. There is, thus, a gap between the two disciplines – one not being familiar with social reality, the other not familiar with the normativity of the law. The history of the effectiveness of the constitution falls into this gap. In this book, Dieter Grimm, himself a Justice of the Federal Constitutional Court from 1987 to 1999 and an expert on interdisciplinary research in law, history and political science, guides the reader through important developments and events that were determined or influenced by the constitution and its judicial interpretation.

Wie entwickelt sich das Recht in Zukunft? Welches Recht findet der Jurist in der Zukunft vor? Welche Regelungsaufgaben sind absehbar und welche rechtlichen und methodischen Innovationen würden sie verlangen? Wie keine andere rechtliche Institution ermöglichen Grundrechte normative Lernprozesse. Die Aufsätze von Dieter Grimm (Hauptreferat) und Anne Peters (Kommentar) blicken deswegen auf die Errungenschaften von Grundrechten und auf ihre Zukunft jenseits des Staates.

Vergleich der Praxis der Interpretation samt deren Geltungsansprüchen in der Rechtswissenschaft und in der Literaturwissenschaft.Die Rechtswissenschaft wie auch die Literaturwissenschaft sind Interpretationswissenschaften. Die Rechtswissenschaft (jedenfalls in ihrem rechtsdogmatischen Zweig) interpretiert Gesetzestexte im Blick auf ihre Anwendung in Entscheidungssituationen. Die Literaturwissenschaft sucht Sinn und Form literarischer Texte zu verstehen. In beiden Disziplinen herrscht über die Interpretationsmethode, teilweise auch über das Interpretationsziel, keine Einigkeit. In den Mittelpunkt des Bandes rücken Handlungen des Verstehens, Reflexionen über den Charakter dieser Handlungen und die Geltung, die deren Resultate beanspruchen dürfen. Es geht um die Lektürepraxis in den beiden Wissenschaften. Deren Vergleich gibt Einsichten über Gemeinsames und Trennendes, ein klareres Bewusstsein der jeweiligen Eigentümlichkeiten und im besten Fall eine Bereicherung des je eigenen methodologischen Arsenals.

Der fünfte Band in der Reihe "Recht im Kontext" gibt eine kontextbezogene Analyse der Menschenwürde und ihrer rechtlichen und politischen Implikationen. Der Band ist das Ergebnis zweier Konferenzen am Wissenschaftskolleg zu Berlin (Institute for Advanced Study, Berlin), die einen Diskussionsrahmen geschaffen und eine Debatte zwischen Wissenschaftlern aus mehreren Ländern und verschiedenen Disziplinen über das Konzept der Menschenwürde angeregt haben. Die Beiträge in dem Band analysieren und bewerten die Menschenwürdekonzeption in juristischer Hinsicht und in akademischer Reflexion neu.Als kontextuelles Unterfangen nimmt der Band eine genuin rechtswissenschaftliche Perspektive ein und verbindet aktuelle Debatten der deutschen, europäischen und US-amerikanischen Rechtswissenschaft mit den Diskussionen aus anderen Disziplinen und aus anderen Regionen der Welt.Mit Beiträgen vonRehan Abeyratne; Marion Albers; Ino Augsberg; Jochen von Bernstorff; Roger Brownsword; Matthildi Chatzipanagiotou; Ingolf Dalferth; David Dyzenhaus; Morag Goodwin; Christoph Goos; Dieter Grimm, Alexandra Kemmerer and Christoph Möllers; Susannah Heschel; Eric Hilgendorf; Tatjana Hörnle; Stefan Huster; Nora Markard; Christopher McCrudden; Russell Miller; Conor O''Mahoney; Stephan Schaede; Alexander Somek; Nils Teifke; Tim Wihl.

Este libro ofrece un corpus sistemático del pensamiento delprofesor Dieter Grimm sobre los orígenes, desarrollo y futuro de ese logrollamado constitucionalismo. A lo largo de sus dieciocho capítulos, el libroaborda analíticamente cuestiones tales como: ¿En qué condiciones históricaspudo surgir la constitución moderna y en qué se diferencia el constitucionalismode los órdenes de gobierno anteriores? ¿Qué caracteriza el logro de la constituciónmoderna? ¿Cuáles son las condiciones para el éxito del constitucionalismo?¿Puede la constitución contribuir a la integración de las sociedades? ¿Quépapel desempeña la jurisdicción constitucional en la eficacia de laconstitución? ¿Son contradictorias la jurisdicción constitucional y lademocracia? ¿Cómo está cambiando el papel de la constitución en el proceso deinternacionalización y globalización? ¿Es posible elevar el logro de laconstitución al nivel internacional (constitucionalización del derecho internacional)?Para ello, Grimm recurre no sólo a un profundo análisis histórico de loselementos formativos del constitucionalismo, sino también a un agudo análisisjurídico de cómo es que dicha idea se ha ido desarrollando en ámbitos talescomo los orígenes, la interpretación, la jurisdicción, la internacionalizacióny la evolución de la idea de constitución. Esto permite a Grimm tanto darcuenta de los problemas que ha enfrentado el constitucionalismo como determinarlas perspectivas de desarrollo que tiene a futuro. Los ensayos contenidos eneste libro, que han influido y expandido la discusión alemana y europea sobreel constitucionalismo, son puestos por primera vez de manera integrada adisposición del lector hispanohablante en esta publicación.