The Handbook of Constitutional Law is co-authored by 24 German professors, and supported by 15 international academics from Europe, North America, Africa, and Asia. Edited by Professors Herdegen, Masing, Poscher, and Gärditz, the Handbook’s main purpose is to foster transnational constitutional dialogue. It will appear in a German and English version and thus be the first comprehensive academic presentation of German constitutional law by some of the country’s leading constitutional scholars. Intended for both German and foreign specialist audiences open to cross-border legal thinking, the German audience will experience a more distanced view of German constitutional law, in which the material is prepared from a comparative law perspective and classified into alternative structures of law, reality and thought. The foreign reader will be introduced to German constitutional law, facilitating access and understanding through points of contact under international and comparative law, and through reflecting on the preconditions and the legal and cultural conditions of the German discussion.
The Handbook incorporates several legal methods, particularly doctrinal analysis, interdisciplinarity, interdisciplinary integration of empirical findings and theoretical models, and comparative law. Importantly, the presentation of German constitutional law is integrated into an analysis of historical developments and experiences and backed by information that is as instructive as possible on legal circumstances and background. Each article presents the positive-law of the German constitution and its understanding in application and jurisprudence in a way that is enriched by the transnational perspective. They thus not only introduce the theoretical and doctrinal discussion in Germany but also deliver a unique contribution to it. In the end, the Handbook endeavours to show the interdependence of the national constitution, its doctrine and theoretical reflection in international multi-level legal systems and the inter- and transnational exchange of academic thought.
Research outcome: manuscript published separately in German and English (2020–2022).
Research funding: this project is funded by Deutsche Forschungsgemeinschaft e.V.; Deutsche Stiftung für Internationale Rechtliche Zusammenarbeit e.V.; Friedrich- Ebert-Stiftung e.V.; Konrad-Adenauer-Stiftung e.V.; Carl Friedrich von Siemens Stiftung; and Fritz Thyssen Stiftung.
Department: Public Law Third axis: Challenges: Fundamental Rights, Rule of Law, Democracy Status of project: Ongoing Project duration: Project start: 2020
Project end: 2022