Carl Schmitt's state and constitutional theory : a critical analysis

Resource Information

The work Carl Schmitt's state and constitutional theory : a critical analysis represents a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School. This resource is a combination of several types including: Work, Language Material, Books.

Label

Carl Schmitt's state and constitutional theory : a critical analysis

Title remainder

a critical analysis

Statement of responsibility

Benjamin A. Schupmann

Creator

• Schupmann, Benjamin A

Author

• Schupmann, Benjamin A

Subject

• Germany
• Germany -- Politics and government -- 1918-1933
• History
• Political science -- Philosophy
• Political science -- Philosophy
• Schmitt, Carl, (1888-1985)
• Schmitt, Carl, 1888-1985
• State, The
• State, The -- Philosophy
• 1918-1933
• Constitutional history -- Germany -- 20th century

Genre

• History

Language

eng

Summary

"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."--Page two of cover

Member of

• Oxford constitutional theory

Biography type

individual biography

Cataloging source

DLC

Illustrations

illustrations

Index

index present

Literary form

non fiction

Nature of contents

bibliography

Series statement

Oxford Constitutional Theory