We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Elemente eines vergleichenden Verfassungspazifismus.
- Authors
Pfersmann, Otto
- Abstract
While public international law strictly prohibits war as a means of conflict resolution, internal state law seems rarely to make such requirements constitutionally explicit. Despite rare examples of strict constitutional pacifism, it appears advisable to develop a more comprehensive and differentiated conceptual framework in order to analyse evolutions and legal statements which would otherwise not be understood in their historical and comparative context. Whereas legal pacifism was indeed first an international allied exigency in order to end the Second World War and to prevent the return of militarism, it then developed as constitutional answers to such requirements, before being transformed into constitutional instruments of international cooperation and systems of collective defensive alliances. Such developments triggered unexpectedly paradoxical structures and new kinds of potential legal conflicts.
- Subjects
INTERNATIONAL law; INTERNATIONAL cooperation; PACIFISM; STATE laws; MILITARISM; CONSTITUTIONAL history
- Publication
Journal of Public Law / Zeitschrift für Öffentliches Recht, 2023, Vol 78, Issue 4, p645
- ISSN
0948-4396
- Publication type
Article
- DOI
10.33196/zoer202304064501