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Hans Herbert von Arnim
Bibliography (Selections)
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The
Forfeiture of Corporate Pension Entitlements, Published
by Verlag Recht und Wirtschaft, Heidelberg 1970 (ISBN 3-8005-6167-0)
This book is the doctoral
dissertation of the author. It shows that the then common unfettered
practice of forfeiture of corporate pension entitlements, when an
employee leaves his employment before reaching the legal retirement
age, is against the law. The question affected 60% of the Federal
Republic of Germany's labour force. In 1972 the Federal Industrial
Tribunal, and then in 1975 the legislature, accepted the new
interpretation. |
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The
Remuneration of Parliamentary Representatives and the Basic Law. A
constitutional opinion on the financial privileges of Federal and
State representatives. Volume 32 of the publications of the
Karl-Bräuer-Institute of the German Taxpayers Federation, Wiesbaden
1975
This opinion expressed the view that
the then existing privileges claimed by parliamentarians as to
taxation exemptions, payments to them by lobbyists, and civil
servant status benefits were unconstitutional. The German Taxpayers
Federation presented the manuscript, prior to its publication, to
the Federal Constitutional Court which adopted this view in decision
of November 5, 1975 (BverfGE 40,296) |
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The
Common Good and Group Interests, Published
by Metzner Verlag, Frankfurt a.M. 1977 (ISBN 3-7875-5258-8)
This thesis demonstrates that general
interests tend to succumb to well organised special interests in a
pluralistic democracy. It discusses the consequences for political
theory and constitutional law.
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Party
Financing. A Constitutional Study. Volume
52 of the Publications by the Karl-Bräuer-Institute of the German
Taxpayers Federation, Wiesbaden 1982.
This booklet (and a number of essays
and articles in professional periodicals and newspapers) analyses
problems of financing of political parties, including party
foundations and parliamentary parties. The judgement handed down by
the Federal Constitutional Court, dated April 9, 1992 (BVerfGE 85,
264) accepted many of the criticisms raised in this publication. |
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State
Theory of the Federal Republic of Germany. Published
by Vahlen-Verlag, Munich 1984 (ISBN 3-8006-1024-8)
This book describes the historical
development of a modern state such as the Federal Republic of
Germany and provides the basis for the theoretical analysis of it.
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Power
makes one inventive. Published in Paperback by Fromm Verlag, Zürich/Osnabrück
1988 (ISBN 3-7201-5214-6)
This paperback is based on the
author's earlier manuscript which made public the "Hesse
Attendance Allowance Case" (where the parliamentary
representatives granted themselves financial privileges.) It induced
the State Parliament to withdraw the self-serving excessive
regulations. The president and the vice-president resigned.
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Possibilities
of Direct Democracy at the Local Level. Published
in Jörn Ipsen (ed.), Continuity or Reform. An Analysis of Local
Authority Constitutions, 1990, pages 57-86: Also published in: Die
Öffentliche Verwaltung 1990, pages 85-97
This article is supplemented by
several of the author's later papers. It underlines the special
qualities of the constitution of local authorities in the state of
Baden-Württemberg. These have three structural characteristics: the
direct election of mayors, flexible election lists for the local
councils with cumulative votes for candidates and the possibility of
citizen initiatives and decisions. The article recommends the
adoption of this model by other states. This publication directly
influenced the contemporaneous reform of the Constitution of local
authorities in the state of Schleswig-Holstein. In the meantime,
most of the model's characteristics, especially the direct election
of mayors, have been introduced, in some cases with modifications,
in all other states. |
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The State
as spoils. Published in
paperback by Knaur, Munich 1993 (ISBN 3-426-80014-4)
This paperback shows how the "political
class" granted itself financial privileges and immunities and
how parliaments in, for example, Hesse, Hamburg and the Saarland,
had to rescind several laws in response to developing public
criticism as the results of the author's research became known. The
book was for some time on the paperback bestseller list.
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State
without servants. Published
by Kindler Verlag, Munich 1993 and in paperback by Knaur, Munich
1995 (ISBN 3-426-80062-4)
This book describes the problems of a
modern democracy such as the Federal Republic of Germany. For some
time it was on the bestseller list. The later paperback edition
includes an epilogue which deals with subsequent developments and
the critics of the book.
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Democracy
without People. Published in
paperback by Knaur, Munich 1993 (ISBN 3-426-80021-7)
This paperback is a collection of the
author's eighteen topically related articles and papers, which were
originally published individually in newspapers and professional
journals, some of which are not readily accessible.
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The Party,
the Representative and Money. Published
in paperback by Knaur, Munich 1996 (ISBN 3-426-80074-8)
This paperback is a standart work on
political financing. It was first published in 1991 and completely
revisited in 1996. It analyses the entire financing of political
parties, party foundations, parliamentary parties and
representatives. This financing, especially in Germany, has run out
of control. Recommendations are made as to substantive and
procedural reforms.
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"We
are the State",
Published in paperback by Knaur, Munich 1995 (ISBN 3-426-80079-9)
The New Federal Representatives'
Law. Content, Procedure, Criticism and Public Deception.
Research report
Nr. 169, Speyer 1997
This paperback revealed to the public
the true content of the camouflaged proposed amendment to the
remuneration article of the Federal Constitution and resulted in a
nationwide discussion in late 1995. It caused 86 professors of
constitutional law to appeal to the Federal Council (Bundesrat) of
the Federal Parliament, which ultimately rejected the amendment.
The research report traces the legal
procedure and outlines the content of the bill. |
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The
Glutton as Caterer. The political class - self-serving and remote
from the people. Published by
Kindler, Munich 1997, and as paperback edition by Knaur, Munich 1999
(ISBN 3-426-77385-6)
This book develops a theory of the
Party-State and shows, that the self-interests of the "political
class" in relation to power, position, and money have paralysed
their capacity to govern; fundamental changes in the political
institutions are required. This could be achieved by public and
individual initiatives. The book was on the bestseller list from
January to October 1998. The later paperback edition includes a
foreword which deals which subsequent developments and the critics
of the book. |
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Servants
of Many Masters. The double and triple benefits of politicians. Published
by Knaur Verlag, Munich 1998 (ISBN 3-426-77372-4)
This book points out the excessive
remuneration of politicians, especially the multiple payments and
superannuation systems. The book has since its publication led to
certain reforms in Bavaria and North-Rhine Westphalia. In addition,
the prime ministers of both states have appointed a commission (including
the author) which will give its opinion in 2000. |
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Principles
of Economic Policy. Published
by Luchterhand Verlag, 6th edition, Frankfurt/Main 1998
(ISBN 3-472-00063-5)
This book examines the economic
problems of the Federal Republic of Germany from the combined
perspectives of economics, law and politics.
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The
Glitter of Democracy: Politics without Accountability - Ignoring the
People, Droemer Publishing
House, Munich 2000 (ISBN 3-426-27204-0)
This book deals with the
disintegration of accountability in German federalism and the
possibilities for direct decision-making at local state, federal,
and EU levels. It provides an extension and elaboration of the
arguments made in the book, The Glutton as Caterer (Fetter Bauch
regiert nicht gern). The German system of executive federalism,
which dates back to Bismarck, is unique; it results in the
disempowerment of both parliament and people and leads to political
paralysis. There is no continuous public outcry and protest solely
because the complicated procedures are so abstruse. The author
proposes that the solution can be found in mobilizing public
awareness and establishing requisite institutions. This implies the
reform of the electoral laws and the development of initiative
and referendum.
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