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Author Schupmann, Benjamin A., author
Title Carl Schmitt's state and constitutional theory : a critical analysis / Benjamin A. Schupmann
Imprint New York, NY : Oxford University Press, 2017
book jacket
 人文社會聯圖  KK4710 .S38 2017    AVAILABLE    30660020202565
 RCHSS Library  KK4710 S38 2017    AVAILABLE    30560400641327
Edition First Edition
Descript x, 240 pages ; 25 cm
text txt rdacontent
unmediated n rdamedia
volume nc rdacarrier
Series Oxford constitutional theory
Note Based on author's thesis (doctoral - Columbia University, 2015) issued under title: Leviathan run aground: Carl Schmitt's state theory and militant democracy
Includes bibliographical references (pages 221-235) and index
"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
Subject Schmitt, Carl, 1888-1985. Verfassungslehre
Constitutional history -- Germany -- 20th century
Germany -- Politics and government -- 1918-1933
Political science -- Philosophy
State, The -- Philosophy
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