Das Volk als Grund der Verfassung

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The book explores the complexities of constitutional law and the concept of legitimacy within democratic frameworks. It begins by addressing the challenges at the intersection of positive law and constitutional principles, highlighting key distinctions and the shift of these challenges into supranational law. The discussion progresses to the invocation of the people's will in constitutional texts, referencing the classical theory of Abbé Siéyès and the multifaceted roles involved. The text delves into contradictions, such as the incapacity of an unconstituted populace and the dilemmas surrounding decision-making processes, emphasizing the predetermined nature of constitutional states and the non-negotiable prerequisites of political engagement. It examines the ambiguous meanings of "constitution" and the diversification of constitutional development. The narrative continues with a critical analysis of the democratic myth, questioning its utility and the risks associated with its multifaceted interpretations. The theme of legitimacy is scrutinized, addressing the distinctions between legitimacy and legal authority, as well as the perspectives from within constitutional law and broader constitutional theory. Finally, the work investigates the ideal of unanimous legitimacy versus the practical consensus in constitutional formation, drawing on historical experiences that frame constitutions as agreements. It concludes with an e