Klappentext

»Constitutional Law Rationally Justified«

The publication is taking opposition against a maintained antithesis of democracy versus state. Therefore the reasoning in the publication is contrary to the corresponding provocation against the science of constitutional law existing and prevailing in the present time. The latter understands the constitution as an idealistic constitution. It acknowledges the idea of the state as the regulative idea of such an idealistic theory of constitution. The philosophical source and starting point is seen as the original critical philosophy of rational justification and its apriori normative idea of law and state. In further periods of that philosophical tradition, this idea has also developed into an ontological idea of the real historical law and state. This has become the basis of epistemology and philosophy of science of constitutional law. In this context the publication argues in detail against the respective contrary positions relating to the history of philosophy, especially of cognitive science and science of constitutional law.