Now showing items 1-4 of 4
Constitutional indifferentism and Republican freedom
Neo-republicans claim that Hobbes's constitutional indifferentism (the view that we have no profound reason to prefer one constitutional form over another) is driven exclusively by a reductive understanding of liberty as ...
Schmitt, Carl (1888-1985)
(Elsevier Inc., 2015)
Carl Schmitt (1888-1985) was a conservative German public lawyer and political theorist. Schmitt is best known for his trenchant critique of liberal constitutionalism, parliamentary democracy, and legal cosmopolitanism. ...
Carl Schmitt and the analogy between constitutional and international law? are constitutional and international law inherently political?
(Cambridge University Press, 2013)
According to Carl Schmitt, constitutional law and international law are analogous in that they are both forms of political law. Schmitt concludes that neither is open to legitimate judicial enforcement. This paper ...
Ernst-Wolfgang Böckenförde and the politics of constituent power
It is often held that the legitimacy of a democratic constitution depends on its production by constituent power. This paper argues that the notion of legitimation by constituent power faces a dilemma: if the authenticity ...