Constitutional theory

by Schmitt, Carl

Type Book

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Title Statements

Full title :Constitutional theory / Carl Schmitt ; translated and edited by Jeffrey Seitzer ; foreword by Ellen Kennedy.

Edition Statements

Publication Date:2008.

Publication Statements

Publisher(s):Duke University Press
Place of Publication:Durham
Language:eng
Publication Date:2008.

The Physical Object

Description:xix, 468 pages.

Edition Identifiers

oclc:on1350420757
LC Classification:KK4450

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 democra…