constitutional failure carl schmitt in weimar

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Constitutional Failure

Author : Ellen Kennedy
ISBN : 0822332434
Genre : History
File Size : 26. 44 MB
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DIVThe author's argument that Carl Schmitt's critique of Weimar Republic liberalism cannot be countered by reforming liberalism is also a contribution to current political theory and an analysis of contemporary liberalism./div

Constitutional Theory

Author : Carl Schmitt
ISBN : 0822390582
Genre : Law
File Size : 67. 7 MB
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Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. 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. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. 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. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.

Carl Schmitt S State And Constitutional Theory

Author : Benjamin Schupmann
ISBN : 9780198791614
Genre : History
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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.

The Oxford Handbook Of Carl Schmitt

Author : Jens Meierhenrich
ISBN : 9780190646509
Genre : Philosophy
File Size : 58. 86 MB
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The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt (1888-1985) was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid antisemitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context.

From Empire To Union

Author : Jo Eric Khushal Murkens
ISBN : 9780191652011
Genre : Law
File Size : 40. 95 MB
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Germany has long been at the centre of European debates surrounding the modern role of national constitutional law and its relationship with EU law. In 2009 the German constitutional court voted to uphold the constitutionality of the Lisbon Treaty, but its critical, restrictive decision sent shockwaves through the European legal community who saw potential threats to further European integration. What explains Germany's uneasy relationship with the project of European legal integration? How have the concepts of sovereignty, state, people, and democracy come to dominate the Constitutional Court's thinking, despite not being defined in the Constitution itself? Despite its importance to the whole enterprise of the European Union, German constitutional thought has been poorly understood in the wider European literature. This book presents a historical account of German conceptions of constitutional law, providing the understanding necessary to see what is at stake in contemporary debates surrounding the constitution and the European Union. Examining the modern development of German constitutional thought, this volume traces the key public law concepts of state, constitution, sovereignty, and democracy from their modern emergence in the 19th century through to the present day. It analyses the constitutional relationship between Germany and the EU from a sociological and historical perspective, looking at how German constitutional law has conflicted and compromised with EU law, and the difficulties this has raised. Filling a significant gap in comparative constitutional law literature, this book provides an account of the major schools of German constitutional thought and their development. Against this backdrop it offers a fascinating insight into Germany's relationship with the European Union.

The Challenge Of Carl Schmitt

Author : Chantal Mouffe
ISBN : 1859847048
Genre : Political Science
File Size : 71. 43 MB
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Carl Schmitt's thought serves as a warning against the dangers of complacency entailed by triumphant liberalism. His conception of politics is a sharp challenge to those who believe that there is a third way between the left and right and that the increasing moralization of political discourse constitutes a great advance for democracy. Schmitt reminds us forcefully that the essence of politics is struggle and that the distinction between friend and enemy cannot be abolished. Contributions: Gregoris Ananiadis, Agostino Carrino, Catherine Colliot-Thélène, Jorge Dotti, David Dyzenhaus, Paul Hirst, Jean-François Kervégan, Chantal Mouffe, Ulrich Preuss, Slavoj Zizek and an important essay by Carl Schmitt available in English for the first time.

The Rise And Fall Of Weimar Democracy

Author : Hans Mommsen
ISBN : 0807847216
Genre : History
File Size : 59. 52 MB
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In this definitive analysis of the Weimar Republic, Hans Mommsen surveys the political, social, and economic development of Germany between the end of World War I and the appointment of Adolf Hitler as chancellor in 1933. His assessment of the German expe

Legality And Legitimacy

Author : Carl Schmitt
ISBN : 9780822385769
Genre : Law
File Size : 62. 76 MB
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Carl Schmitt ranks among the most original and controversial political thinkers of the twentieth century. His incisive criticisms of Enlightenment political thought and liberal political practice remain as shocking and significant today as when they first appeared in Weimar Germany. Unavailable in English until now, Legality and Legitimacy was composed in 1932, in the midst of the crisis that would lead to the collapse of the Weimar Republic and only a matter of months before Schmitt’s collaboration with the Nazis. In this important work, Schmitt questions the political viability of liberal constitutionalism, parliamentary government, and the rule of law. Liberal governments, he argues, cannot respond effectively to challenges by radical groups like the Nazis or Communists. Only a presidential regime subject to few, if any, practical limitations can ensure domestic security in a highly pluralistic society. Legality and Legitimacy is sure to provide a compelling reference point in contemporary debates over the challenges facing constitutional democracies today. In addition to Jeffrey Seitzer’s translation of the 1932 text itself, this volume contains his translation of Schmitt’s 1958 commentary on the work, extensive explanatory notes, and an appendix including selected articles of the Weimar constitution. John P. McCormick’s introduction places Legality and Legitimacy in its historical context, clarifies some of the intricacies of the argument, and ultimately contests Schmitt’s claims regarding the inherent weakness of parliamentarism, constitutionalism, and the rule of law.

Carl Schmitt S International Thought

Author : William Hooker
ISBN : 9781139481847
Genre : Political Science
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An unrepentant Nazi, Carl Schmitt remains one of the most divisive figures in twentieth century political thought. In recent years, his ideas have attracted a new and growing audience. This book seeks to cut through the controversy surrounding Schmitt to analyse his ideas on world order. In so doing, it takes on board Schmitt's critique of the condition of order in late modernity, and considers Schmitt's continued relevance. Consideration is given to the two devices Schmitt deploys, the Grossraum and the Partisan, and argues that neither concept lives up to its claim to transcend or reform Schmitt's pessimistic history of the state. The author concludes that Schmitt's continuing value lies in his provocative historical critique, rather than his conceptual innovation.

In Defense Of The State

Author : Scott Ross Koon
ISBN : UCAL:X72605
Genre :
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