Constitutional theory schmitt

  • How does Schmitt define the sovereign?

    Schmitt avoids the first horn of this dilemma by conceiving of sovereignty in purely personal terms.
    His definition of sovereignty states that the sovereign is he who decides on the state of exception. 14 This defines sovereign authority as the power to take a decision on the exception..

  • Schmitt, however, had been one of the chief proponents of the idea that the German constitution ought to protect “values.” In his 1932 Legality and Legitimacy, Schmitt attacked the Weimar regime for its lack of reference to values, and argued that its defenders' attachment to a supposedly “value-neutral” liberalism
In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people.

What is Schmitt's focus in constitutional theory?

As we saw in earlier chapters, Schmitt’s focus in Constitutional Theory is the Weimar Constitution, which was adopted after the end of World War I

The Weimar Constitution confirmed the abolition of the monarchy, and established a liberal constitutional democracy for the German Reich

What is Schmitt's interpretation of the Weimar Constitution?

In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution

At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people

Constitutional theory schmitt
Constitutional theory schmitt

American lawyer & politician (born 1975)

Eric Stephen Schmitt is an American lawyer and politician serving as the junior United States senator from Missouri since 2023.
A member of the Republican Party, Schmitt served as a Missouri state senator from 2009 to 2017, as Missouri state treasurer from 2017 to 2019, and as the Missouri attorney general from 2019 to 2023.
Gary James Schmitt is an American political scientist who is a senior fellow at the American Enterprise Institute.

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