Abstract

The essay examines the reflections on the material constitution undertaken by three influential jurists during the period of the Weimar Republic: Hermann Heller, Rudolf Smend and Carl Schmitt. Taking into account Costantino Mortati’s coeval contribution to the understanding of the concept, the discussion will focus on the contextual specificities that shaped the German debate on material constitution at the beginning of the twentieth century. Because of the aggressive social and political pluralism that characterised the Weimar Republic, the political unity of the state became problematic. Having this problem in mind, Heller, Smend and Schmitt advanced their conceptualisations of the constitution and discussed its functions, proposing alternative solutions to avoid the disintegration of the state