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"Constitution", And Its Association With The Modern State

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Chapter Summary

The cardinal question of whether the notions of (modern) state and constitution are tied together in a way that only a state can have a constitution is dealt with at a later stage. In Germany and Austria, the years between the two World Wars saw a few scholars whose differing approaches continue to influence constitutional thought in Europe and beyond - Hans Kelsen, Rudolf Smend, Hermann Heller, and Carl Schmitt. Heller understood the modern normative state constitution as a result of a long historical process of rationalization of the exercise of power. The American and European 'constituted', or 'constitutional', state of the nineteenth and twentieth century gave the formal notion of constitution a specific substantial meaning which by now has largely superseded the other denotations.

Keywords: Hermann Heller; modern normative state constitution; World Wars



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