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Lions and LambsConflict in Weimar and the Creation of Post-Nazi Germany$
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Noah Benezra Strote

Print publication date: 2017

Print ISBN-13: 9780300219050

Published to Yale Scholarship Online: January 2018

DOI: 10.12987/yale/9780300219050.001.0001

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The Constitutional Crisis

The Constitutional Crisis

Chapter:
(p.23) Chapter One The Constitutional Crisis
Source:
Lions and Lambs
Author(s):

Noah Benezra Strote

Publisher:
Yale University Press
DOI:10.12987/yale/9780300219050.003.0002

This chapter explores both sides of the country's deep-seated class conflict, which revealed itself in a public debate about constitutional democracy between the highest levels of the judiciary and the leaders of Germany's powerful labor unions. Legal theorists often emphasize the importance of reaching consensus on moral principles for the stability of a constitutional system. In Germany, that consensus did not exist. The political representatives whom Germans elected after the Great War to draft a constitution could agree that the new German state should be a republic as opposed to a monarchy. However, they could not find common ground regarding as foundational a question as the authority of the three branches of government and their proper relationship to one another. Most important, minds diverged on whether the state should embrace parliamentary supremacy: the idea that the legislative branch, not the judicial or executive, should enjoy final authority in national decision making.

Keywords:   class conflict, constitutional system, constitutional democracy, labor unions, judiciary, republic, parliamentary supremacy, legislative branch, executive branch, national decision making

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