LA RICEZIONE DEL COSTITUZIONALISMO SOCIALE WEIMARIANO NELLA FRANCIA DELLA TERZA REPUBBLICA

This article analyzes the reception of the Weimar Constitution in French legal thinking in interwar time, from a specific point of view: the incorporation of social norms in the constitutional order. Although the early commentators quickly identified the innovations, their significance was in genera...

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Bibliographic Details
Published inIl Pensiero politico Vol. 52; no. 2; pp. 253 - 272
Main Author Herrera, Carlos Miguel
Format Journal Article
LanguageItalian
Published Firenze Casa Editrice Leo S. Olschki 01.05.2019
Subjects
Constitutional law
Constitutionalism
Constitutions
Gurvitch, Georges (1894-1965)
Innovations
Law schools
Norms
Schools
Social norms
Theorists
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Summary:This article analyzes the reception of the Weimar Constitution in French legal thinking in interwar time, from a specific point of view: the incorporation of social norms in the constitutional order. Although the early commentators quickly identified the innovations, their significance was in general minimized. The perspective changes at the end of the 1920s and the 1930s, mainly due to the work of marginal thinkers in law schools. The reaction against the richer French interpretation by the main German theorists in Social Law shows not only the limits of the reception, but the difficulties of accepting and theorising a social constitutionalism.
ISSN:0031-4846