Politicisation of Law or Juridification of Politics: The Formation and Change of an Explanatory Paradigm
In the first fundamental debate among Weimar scholars of constitutional law on the significance of constitutional jurisdiction a basic controversy had already emerged whose central questions can be phrased thus: Does constitutional jurisdiction cause politicisation? And therefore does the political itself become a matter of legal proceedings because of the implementation of constitutional courts? Are these legal proceedings consequently politicized? Or do constitutional law and constitutional jurisdiction remove (at least partly) such matters as laid down by law from politics and therefore seem to be instruments of functional de-politicisation? From a historical perspective, the project scrutinises the continuity and change of these questions that were present at the creation of the Basic Law for the Federal Republic of Germany and the Federal Constitutional Court, and shaped the debates on the operation of the court on each occasion when important individual decisions were made subsequently.