I N D E X
9
Aristotle: regime types in, 6, 8
Article 48 (Weimar Constitu-
tion), 13, 67, 69, 74, 80–83, 97;
and fundamental rights, 71–
73, 75, 77–79; and the Nazis,
71; organizational minimum
under, 75; Prelate Kaas and,
100; and separation of powers,
70–71; and the Staatsgerichts-
hof, 74; in state of exception,
78. See also Decree; Dictator
Civil service, 11–14, 18, 91–92
Constitutional change: Article
76 (Weimar Constitution),
39, 47–49, 51–52; Article 79
(Basic Law), 95; by formal
amendment, 39, 53–54; via
referendum, 64; by statute,
44, 57, 63
Constitutional monarchy, 12–13,
17, 23, 25, 76
Constitution-making, 99
Decisionism, 9, 21, 56, 85, 89.
See also Positivism
Decree: administrative, 5, 22, 23;
with force of law, 25–26, 67,
73, 75–76, 80–82, 97; under
Article 48(2), 13, 75, 87
Dictator, 70, 78–79, 81–83; and
parliament, 86
Direct democracy, 39, 59–61
Equal chance, 28–36, 47, 88,
94, 98
Friend and enemy distinction,
95
Homogeneity (of the people), 24,
27–28, 40–43, 45, 88
Identity, 28
Initiative, 62, 86. See also Refer-
endum
Law: administrative, 20–21; con-
cept of, 10, 20–21, 24–25, 27,
30, 72, 76, 79, 82, 86, 97–98;
formal, 17; procedural, 39;
statute, 20, 22–23, 27, 43–44,
53, 56–57, 62–63, 68, 80; in
substantive sense, 21–22
Legality, 9, 12, 14, 27, 29, 30, 34,
36, 40, 87, 93–94, 96, 98, 100;
concept of, 3, 10, 28–29, 30,
40, 88, 101; system of, 6, 13,
19, 24, 25, 51, 54, 59–60, 62,
65–66, 69–70, 73, 76, 80, 85,
88; system suicide and, 48
Legal revolution, 95
Legislative-reservation clause,
19, 56–57, 68, 72–73
Legitimacy, 6, 12, 94, 96–97;
dynastic, 7, 13; liberal, 6; mo-
narchical, 9, 12; plebiscitory
or democratic, 9, 12, 13, 60,
65–66, 88–90, 93
Liberalism. See Legitimacy
Majority, 14, 30, 87, 89, 98; nega-
tive, 100; principle of, 36;
qualified, 40–41, 43–45, 51–53,
64; simple, 41, 44–45, 51–52,
64, 73, 86, 99
Measure, 11, 14, 68–70, 73, 97–
98. See also Decree; Law,
statute
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