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The German Sonderweg in constitutional matters was the repression of popular sovereignty. The Staatswillenspositivismus ("statuary positivism") of German constitutional theory from Laband to Jellinek never developed any idea of the parliamentarism that rules all state power. The Weimar discussion & mentality were deeply shadowed by the old priority of the will of the state over the will of the people. Even the legal positivism that now made the case for the new democratic constitution, was deeply influenced by elitist ideas of parliamentarism & distrust against the people. Only Hans Kelsen & some leftist disciples of Carl Schmitt consequently took the radically democratic track of input-legitimation. But this position, which once was the basic idea of French & American constitutionalism in the 18th century, was in Weimar a hopeless minority, & it seems to become marginal again in the times of postnational legal regimes, which are fixed to output-legitimation only. Adapted from the source document.