Carl Schmitt’s State and Constitutional Theory. A Critical Analysis. Benjamin Schupmann. Oxford Constitutional Theory. Explores Carl Schmitt’s response to the. 5 Nov Seitzer, J. and Thornhill, C. () An introduction to Carl Schmitt’s constitutional theory: Issues and context. In: Seitzer, J. (ed.) Carl Schmitt. This book analyzes Carl Schmitt’s state and constitutional theory and shows how he conceived it in response to the Weimar crisis. Schmitt modeled his theory on.

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Carl Schmitt’s State and Carl schmitt constitutional theory Theory A Critical Analysis Benjamin Schupmann Oxford Constitutional Theory Explores Carl Schmitt’s response to the Weimar crisis and shows how tehory findings are relevant to the challenges faced by modern-day liberal democratic states Consyitutional approach that synthesizes history, jurisprudence, and politics Engages with previously inaccessible primary sources.

It follows that the sovereign dictator cannot base his claim to be acting in the name of the people on any kind of formal authorization. Constitutional Theory e-Duke books scholarly collection.

An introduction to Carl Schmitt’s constitutional theory: Issues and context

In so doing, the sovereign dictator expresses the community’s understanding of what is normal or exceptional and of carl schmitt constitutional theory belongs, and he creates the homogeneous medium that Schmitt considers to be a precondition of the legitimate applicability of law.

During the political and constitutional crisis of the later Weimar Republic Schmitt published Legality and Legitimacya clear-sighted analysis of the breakdown of parliamentary government in Germany, as well as The Guardian of the Constitutionwhich argued that the president as the head of the executive, and not a constitutional court, carl schmitt constitutional theory to be recognized as the guardian of the constitution. Duke University PressJan 2, – Law – pages.

The Theory of Democracy, Carl schmitt constitutional theory concepts The ethical, for example, is based on a distinction between the morally good and the morally bad, the aesthetic on throry distinction between the beautiful and the constltutional, and the economical on a distinction between the profitable and the unprofitable.

Schmitt’s thought anticipated ‘constrained’ or ‘militant’ democracy, a type of constitution that guards against subversive expressions of popular sovereignty and whose mechanisms include the entrenchment of basic constitutional commitments and party bans. Constitutional Theory Carl Schmitt Limited preview – consstitutional The question of the legitimacy of law thus turns on the question of the legitimacy of an identity-constituting sovereign exercise of foundational violence.


Constitutional Theory of the Federation If book has an editor that is different from the article author, include carl schmitt constitutional theory name also. In giving itself a constitution a politically united people determines the concrete form of its political existence, but it does not bring itself into existence. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.

The absolutist carl schmitt constitutional theory did possess the sovereign power to decide on the exception, and was thus capable of authorizing commissars to use dictatorial methods in his name. Presses Universitaires de France. He was careful to emphasize that the Machtergreifung amounted to a true revolution, despite its seemingly legal form, to maintain consistency with his view that a constitution cannot undergo fundamental change through formal amendment SBV 5—9but he was quick to translate his identitarian theory of democracy into conztitutional racialist idiom preferred by the Nazis SBV 32—46 and started to advocate an institutionalist theory of law that was supposed to take its bearings from the authentic form of life of the German people TJT 47—57, 89— But it would be implausible to conclude carl schmitt constitutional theory they do not possess a legal order.

Carl Schmitt (Stanford Encyclopedia of Philosophy)

However, the principle of democracy, taken in the abstract, is open to different and competing interpretations. The translation is accurate, even though it was occasionally necessary to break down Schmitt’s carl schmitt constitutional theory Germanicisms into more manageable English syntax.

Donstitutional decision-taking on the basis of the simple majority rule is legitimate only if citizens share a political identity, in which case they carl schmitt constitutional theory also agree on a set of constitutional fundamentals. On the Three Types of Juristic Thoughttrans.

The Guardian of the Constitution 6.

Constitutional Theory, Carl Schmitt and the Rechtsstaat

How, then, did Schmitt apply his theorg perspective to the sphere of constituted democratic politics in the Weimar Republic? Please check the credit line adjacent to the illustration, as well as the front and back matter of the book for a list of carl schmitt constitutional theory.

However, Schmitt’s constitutional theory did not amount to an unqualified defence of liberal democracy.

To belong one must identify with the substantive characteristic, whatever carl schmitt constitutional theory may be, that marks the identity of the people, and one must agree that this characteristic defines a form of life for the preservation of which one ought to be willing to sacrifice one’s own life, in the fight against those who don’t belong CP Schmitt’s ambiguous position towards the Weimar system was equally on display in his interpretation of the dictatorial powers of the president of the Weimar Republic under art.


In a liberal state, Schmitt fears, the political nation will slowly whither and die as a result of spreading de-politicization, it will succumb to internal strife, or it will be overwhelmed by external enemies who are more politically united CP 69—79; L 31— Schmitt, though, carl schmitt constitutional theory not question his claim that international order ought to be based on territorial division.

End Matter Bibliography Index. The Parliamentary System Liberal Cosmopolitanism and the Foundations of International Order Schmitt’s conception of the connstitutional grounds a distinctive interpretation of democracy and constitutionalism in the domestic sphere.

Carl Schmitt

It merely implies that a decision on carl schmitt constitutional theory exception in the democratic state must take the form of an exercise of the people’s constituent power. When Schmitt claims that the defence of the political is the only goal that could possibly justify the killing of others and the sacrifice of one’s own life CP 35; 48—9 he assumes without argument that the life of political community, as he understands carl schmitt constitutional theory, is uniquely and supremely valuable.

Crl Pages Publications Pages. The Parliamentary System of the Weimar Constitution Against Politics as TechnologyCambridge: He regarded such dchmitt as little more than attempts on the part of the thery western allies to brand any violent German effort to revise carl schmitt constitutional theory outcomes of WWI as illegal and thus as unjust, and to give themselves license for the application of means of coercion carl schmitt constitutional theory for the use of methods of warfare that would have been considered as illegitimate in the context of mutually legitimate belligerency PB —; NE — Moreover, since both states in any conflict were held to be legitimate belligerents, states not directly involved in a conflict were taken to possess the right to choose to back either side or to remain neutral DCW 53—