Carl schmitt constitutional theory

Schmitt's conception of politics tends to radically dissociate democracy from liberalism and, more controversially, from the constituted, rule-bound practices of popular election and parliamentary legislation that characterize the ordinary workings of modern democracy. Carl Schmitt's State and Constitutional Theory: The political distinction between friend and enemy is not reducible to these other distinctions or, for that matter, to any particular distinction — be it linguistic, ethnic, cultural, religious, etc. Order and Orientation , Cambridge: Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century.

Uploader: Gujas
Date Added: 7 April 2013
File Size: 37.31 Mb
Operating Systems: Windows NT/2000/XP/2003/2003/7/8/10 MacOS 10/X
Downloads: 91570
Price: Free* [*Free Regsitration Required]





Constitutional Theory - Carl Schmitt - Google Books

Duke University Press, Though Schmitt had not been a supporter of National Socialism before Hitler came to power, he sided with the Nazis after Schmitt, Writings on Wartrans. East Dane Designer Men's Fashion. Schmitt acknowledges this problem in his Constitutional Theory.

Schmitt is considered by many to be one Schmitt, The Concept of the Political.

At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. She is the author of Constitutional Failure: It might die though all of its individual members continue to live.

The Concept of the Political and costitutional Critique of Liberalism 4. Open access to the SEP is made possible by a world-wide funding initiative.

The Parliamentary System of the Weimar Constitution According to Schmitt, liberal constitutionalists typically hold that all legitimate particular acts of state must apply constitutioonal legal norms, so that people are subject only to the determinate and predictable demands of the law, not to the potentially arbitrary authority of persons PT 18—26; see also CT —96, CPD 33— AmazonGlobal Ship Orders Internationally.

In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe.

Schmit Metaphysics of Law. Ideal Concept of the Constitution "Constitution" in an exemplary sense, thus named because of a certain content 89 5. A community whose political identity is premised on the promotion of liberal-humanitarian values which it takes to be universal, for instance, must concern itself with the question whether other political communities respect those values and be willing to interfere if they don't.

Axtmann Schmitt's suggestion, however, that cnostitutional preservation of the political as he understands it is a necessary condition of legitimate domestic and international legality seems rather hard to swallow in light of the catastrophic experiences of the 20th century.

The Guardian of the Constitution 6.

Carl Schmitt

Individuals may have personal enemies, but personal enmity is not a political phenomenon. Given this assumption, a legitimate international order must be able to accommodate a plurality of political communities with different, self-determined political identities. The decision whether someone else's behaviour constitutes a threat to one's own life, in some concrete situation, and the decision whether it is necessary to use reactive or even pre-emptive violence to remove or to escape that threat, cannot be delegated to theoryy third person.

But the value and consritutional of Schmitt's work is subject to controversy, mainly due to his intellectual support for and active involvement with National Socialism. Carl Schmitt — was a conservative German legal, constitutional, and political theorist.

Some authors point to Schmitt's strong ambition and his opportunistic character but deny ideological affinity Bendersky—; Schwab In the course of modern constitutional history, however, the institution of dictatorship, Schmitt claims, fused with sovereignty, and this fusion related sovereignty to democracy. And this fight, Schmitt hopes, is going to secure the continuing existence of political enmity and prevent the victory of liberal de-politicization CP Even where, as in Weimar, the positive constitution provides a procedure that seems to allow for the amendment of any particular constitutional norm, it is to be understood, Schmitt argues, that the core constitutional principles chosen by the constituent power are not open to formal abrogation.

Expanded Editiontrans. Ein kooperativer KommentarBerlin: Please, subscribe or login to access full text content.

This latter thesis, Schmitt admits, can take a secular form, as in Hobbes or Machiavelli, as the purely descriptive claim that man is inherently dangerous to man.

Schmitt's theoretical work on the foundations of schmktt law culminated in The Nomos of the Earthwritten in the early 's, but not published before Any legal order, Schmitt bluntly concludes, is based on a sovereign decision and coonstitutional on a legal norm PT 10, 12—3.

3 thoughts on “Carl schmitt constitutional theory”

  1. You are certainly right. In it something is and it is excellent thought. I support you.

Leave a Reply

Your email address will not be published. Required fields are marked *