The judiciary and the defence of the Constitution in Carl Schmit

Authors

  • Carmelo Jiménez Segado

Keywords:

Judiciary, Rule/State of Law, separation of powers, normativism, decisionism, dictatorship, sovereignty, Führertum

Abstract

This paper studies Carl Schmitt considerations on the so-called «third power» of the State. First, with the help of the jurist own it outlines the general doctrine of the separation of powers and its political significance. Then, his book Law and judgment serves as a starting point for analyzing the Schmittean criticism on Kelsen´s normativism. In a third stage, it will examine the author’s invective against the liberal State of Law and its ideal of achieving a «State of Justice». And finally, it is contemplated how the defender of the Constitution of the German jurist deployed in history its unlimited factual and legal powers.

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How to Cite

Jiménez Segado, C. (2015). The judiciary and the defence of the Constitution in Carl Schmit. Revista De Estudios Políticos, (161), 41–67. Retrieved from https://recyt.fecyt.es/index.php/RevEsPol/article/view/39546

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