TOMMASO EDOARDO FROSINI

Costituzione e  sovranità nella dottrina della Germania di Weimar

 

N. 176

 

Summary - This paper is mainly devoted to the problem of the concept of sovereignty as it was considered in the legal culture of the Republic of Weimar. It was a central theme of the political debate, where the legal question of the interpretation of the Constitution of the Republic was involved, since it was necessary to assess the relationship between the central power and the citizen: so it was called, in the language of the epoch, the Souveraenitaetsdebatte. The Author analizes, in a detailed scrutiny, the theories advanced by Hans Kelsen, Carl Schmitt, Hermann Heller and Rudolf  Smend and their relationship of similarities and differences. The confrontation of those eminent personalities of the Weimar period, which was called the laboratory of modern costitutionalism, maintains its high interest even today.