Carl Schmitt's State and Constitutional Theory
A Critical Analysis
Series: Oxford Constitutional Theory;
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Product details:
- Publisher OUP Oxford
- Date of Publication 7 December 2017
- ISBN 9780198791614
- Binding Hardback
- No. of pages256 pages
- Size 240x164x20 mm
- Weight 542 g
- Language English 0
Categories
Short description:
Schupmann appraises Schmitt's constitutional theory and examines how it was conceived in response to the Weimar Germany's legitimation crisis. Schmitt's normative theory of 'constrained' democracy offers a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change, and is today more relevant than ever.
MoreLong description:
Can a constitutional democracy commit suicide? Can an illiberal antidemocratic party legitimately obtain power through democratic elections and amend liberalism and democracy out of the constitution entirely? In Weimar Germany, these theoretical questions were both practically and existentially relevant. By 1932, the Nazi and Communist parties combined held a majority of seats in parliament. Neither accepted the legitimacy of liberal democracy. Their only reason for participating democratically was to amend the constitution out of existence.
This book analyses Carl Schmitt's state and constitutional theory and shows how it was conceived in response to the Weimar crisis. Right-wing and left-wing political extremists recognized that a path to legal revolution lay in the Weimar constitution's combination of democratic procedures, total neutrality toward political goals, and positive law. Schmitt's writings sought to address the unique problems posed by mass democracy. 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.
Schmitt's state and constitutional theory remains important: the problems he identified continue to exist within liberal democratic states. Schmitt offers democrats today a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change.
Benjamin Schupmann's Carl Schmitt's State and Constitutional Theory emphasizes the verb metaphor constrain ... Schupmann redefines Karl Loewenstein's 1938 concept of "militant democracy" as "constrained democracy."
Table of Contents:
Introduction: Constitutionality and the Weimar Crisis
The Challenge of Mass Democracy
The Concept of the Political
The Absolute State
The Absolute Constitution
The Guardian of the Constitution
Basic Rights
Conclusion: Carl Schmitt and Constrained Democracy
