Carl Schmitt's State and Constitutional Theory : A Critical Analysis
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.
- Hardback | 256 pages
- 164 x 240 x 20mm | 542g
- 16 Feb 2018
- Oxford University Press
- Oxford, United Kingdom
Other books in this series
16 Oct 2018
29 Jun 2021
18 Apr 2016
16 Apr 2017
Table of contents
1: The Challenge of Mass Democracy
2: The Concept of the Political
3: The Absolute State
4: The Absolute Constitution
5: The Guardian of the Constitution
6: Basic Rights
Conclusion: Carl Schmitt and Constrained Democracy
particular, those willing to look beyond Schmitt the man and get to know Schmitt the theorist. * Laetitia Houben, European Constitutional Law Review * Our understanding of Carl Schmitts work is bedevilled by two things: Schmitts genius for polemical, mystifying, and esoteric discourse, and the passionate polemical reactions that Schmitts incendiary theoretical propositions provoke. In this deeply learned, and insightful book, Schupmann elegantly and accessibly reconstructs Schmitts political and legal theory as a whole, in the context of early twentieth-century German politics and continental political and social
theory. The result is illuminating and demystifying, allowing us to better grasp whether, in fact, Carl Schmitts oeuvre continues to hold lessons for us in this new epoch of populism, state collapse, and (multi-)polarization. * Nehal Bhuta, Professor of Public International Law, European University Institute, Florence * This is an important scholarly work with clear political implications. Schupmann develops a crucial dimension of the work of Carl Schmitt, the theorist of militant democracy. In this analysis, the fundamental flaw of liberal democracy is its inability to guard itself against authoritarian projects relying on the legality of the inherited amendment rule. Schupmann argues that both Schmitt's theory of the limits of amendment, and his justification of emergency
provisions of constitutions should be understood in terms of this dilemma. The book is a must for all those interested in Schmitt. * Andrew Arato, Dorothy Hirshon Professor, The New School for Social Research *
About Benjamin Schupmann