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Carl Schmitt's State and Constitutional Theory: A Critical Analysis (Oxford Constitutional Theory)

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Management number 233626552 Release Date 2026/06/27 List Price $26.78 Model Number 233626552
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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. Read more

ASIN B077J2N7ZD
ISBN13 978-0192509321
Edition Critical
Language English
File size 2.1 MB
Page Flip Enabled
Publisher OUP Oxford
Word Wise Enabled
Print length 252 pages
Accessibility Learn more
Screen Reader Supported
Part of series Oxford Constitutional Theory
Publication date November 17, 2017
XRay for textbooks Enabled
Enhanced typesetting Enabled

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