Constitutional theory / Carl Schmitt ; translated and edited by Jeffrey Seitzer ; foreword by Ellen Kennedy.
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Year of Publication: | 2008 |
Language: | English |
Series: | e-Duke books scholarly collection.
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Physical Description: | xix, 468 p. |
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Table of Contents:
- Absolute concept of the constitution (the constitution as unified whole)
- Relative concept of the constitution (the constitution as a multitude of individual laws)
- The positive concept of the constitution (the constitution as the complete decision over the type and form of the political unity)
- Ideal concept of the constitution ("constitution" in an exemplary sense, thus named because of a certain content)
- The meanings of the term "basic law," basic norm or Lex fundamentalis (summarizing overview)
- Origin of the constitution
- The constitution as contract (the genuine constitutional contract)
- The constitution-making power
- Legitimacy of a constitution
- Consequences of the theory of the constitution-making power, of the people's constitution-making power in particular
- Concepts derived from the concept of the constitution (constitutional change, statutory violation of the constitution, constitutional suspension, constitutional dispute, high treason)
- The principles of the Bourgeois Rechtsstaat
- The Rechtsstaat concept of law
- The basic rights
- Separation (so-called division) of powers
- Bourgeois Rechtsstaat and political form
- The theory of democracy, fundamental concepts
- The people and the democratic constitution
- Consequences of the political principle of democracy
- Application of the political principle of democracy to individual areas of state life
- Boundaries of democracy
- The theory of monarchy
- Aristocratic elements in modern Bourgeois-Rechtsstaat constitutions
- The parliamentary system
- Historical overview of the development of the parliamentary system
- Overview of the possibilities for the formation of the parliamentary system
- The parliamentary system of the Weimar constitution
- Dissolution of Parliament
- Fundamental concepts of a constitutional theory of the federation
- Consequences of the fundamental concepts of the constitutional theory of the federation
- Appendix: The Weimar constitution.