The Weimar Constitution and Transformative Constitutionalism Today

The social dimension of the Weimar constitution was hailed by its contemporaries as one of its most innovative aspects. Even after its failure, world constitutionalism was still ready to see in it its most lasting contribution (even if post-1945 Germany went another way). However, when constitutional theory renewed the question about transformative constitutionalism, in the light of the new constitutions of the 1990s, and then, more radically in the 2000s, the Weimar model was considered outdated, both constitutionally (by the new role of the constitutional judge) and politically (by the crisis of the industrial society). After a return to the moments of the growth of social constitutionalism, we would like to defend the topicality of the Weimar device for a transformative constitutionalism, in particular by a comparison with the models of normative constitutions under Welfare State in Europe as those of advanced forms of populism in post-colonial countries.