The Worthy House (Charles Haywood) cover image

Legality and Legitimacy (Carl Schmitt)

The Worthy House (Charles Haywood)

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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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