Subjects of sovereign state power in XX century Germany - Repository of University of Wroclaw

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Subjects of sovereign state power in XX century Germany

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Subjects of sovereign state power in XX century Germany

0000-0002-0611-7176

Germany sovereignty power constitution

Tekst w jęz. pol.; streszcz. w jęz. ang. i ukr.

There are three kinds of subjects which realized the idea of sovereign power: theocratic, nomocratic and anthropocratic. In german constitutions from 1871, 1919 and 1949 we can find the references to these conceptions.The existence of written constitution is evident proof of importance of Rechtstaat principle. German version of Rule of Law dogma is still present in any Carta Magna. In the last version of legal and positive Ius Supremum the ruling of law is accented through declaration, that all three branches of power are subordinated exactly to law.In anthropocratic dimension we observe in modern Germany the rivalry between monarchic and democratic principles. This first in the beginning is more important, but in 1919 empire was abandoned and in the official ideology commenced the domination of slogan of people’s sovereignty. Also in the time of so called Third Reich nation still is the source of power in theoretical area, though it is necessary to underline the practical monocratisation of political system. In 1949 once again in Grundgesetz was accented the democracy.God is absent in the first and the second of constitutions, but in the third He exists as the Subject, before which the Nation is responsible. It means, that legislator partially takes a relativist position in the aspect of significance of positive law in the comparison with divine right.

L'vìvs'kij nacìnal'nij unìversitet ìmenì Ìvana Franka

PAd P 102216 II

Wrocławsko-Lwowskie Zeszyty Prawnicze, 2017, 8, s. 51-71

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