The Worthy House (Charles Haywood) cover image

Legality and Legitimacy (Carl Schmitt)

The Worthy House (Charles Haywood)

CHAPTER

The Legislation of the Legislative State

Legislative state focuses on legality, in the form of generally applicable and properly formed legislative acts. By legitimacy Schmidt appears to mean justification of a state form. The heart of legality and legitimacy is Schmidt's thoughts on what he calls equal chance. Beyond ensuring that legislative acts are legal, what makes a legislative state legitimate is the right of every political movement to have a real opportunity to win power.

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