Carl Schmitt''s State and Constitutional Theory - A Critical Analysis

Schupmann appraises Schmitt's constitutional theory and examines how it was conceived in response to the Weimar Germany's legitimation crisis. Schmitt's normative theory of 'constrained' democracy offers a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change, and is today more relevant than ever.

About the author

Benjamin A. Schupmann is a lecturer in Philosophy, Politics, and Economics in the Division of Social Sciences at Yale-NUS. His research interests include the history of political thought, state and constitutional theory, constitutionalism, and 20th-century German political and legal thought.

Summary

Schupmann appraises Schmitt's constitutional theory and examines how it was conceived in response to the Weimar Germany's legitimation crisis. Schmitt's normative theory of 'constrained' democracy offers a novel way to understand the legitimacy of liberal democracy and the limits of constitutional change, and is today more relevant than ever.

Additional text

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.

Product details

• Authors: Benjamin Schupmann, Benjamin (Lecturer Schupmann, Benjamin A. Schupmann
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 31.07.2018
• EAN: 9780198791614
• ISBN: 978-0-19-879161-4
• No. of pages: 256
• Series: Oxford Constitutional Theory; Oxford Constitutional Theory
• Subjects: Humanities, art, music > History; Social sciences, law, business > Political science > Political theories and the history of ideas; Germany, 20th Century, POLITICAL SCIENCE / History & Theory, LAW / Legal History, 20th century history: c 1900 to c 2000, LAW / Administrative Law & Regulatory Practice, LAW / Constitutional, LAW / Jurisprudence, 20th century, c 1900 to c 1999, Political science & theory, Legal History, Political science and theory, Constitutional & administrative law, Constitutional and administrative law: general, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law, HISTORY / Modern / 20th Century / General