Verfassung - Verfassunggebung - Verfassungsänderung

Creating and amending the constitution have been the subjects of numerous scholarly studies. To date,however, there has been no clear boundary between the two of them. Can a new constitution be created by amending the constitution? Is vice versa the amendment of individual provisions of the constitution possible by an act of the constituent power? Christian Winterhoff begins by studying the constitution, the common point of reference for the creation and the amendment of the constitution. He then develops a theory which states the prerequisites for enabling a differentiation between creating and amending the constitution as well as the applicable criteria for establishing the boundaries. The conclusions he reaches are helpful not only for gaining insight into constitutional theory; they are also significant for the solution of issues pertaining to constitutional law, for example in regard to the existence and content of unwritten boundaries of constitutional amendments.