The Worthy House (Charles Haywood) cover image

Legality and Legitimacy (Carl Schmitt)

The Worthy House (Charles Haywood)

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The Importance of Equal Chance in the German Constitution

Schmid argued that a party not willing to maintain the principle of equal chance should be forbidden from modifying fundamental norms. Schmid never says exactly that he advocates such rule by decree, but it's an obvious application of his core philosophy of decisionism. The problem created by Schmid's proposed solution is that in his own analysis a legislative state can only be legitimate if equal chance exists.

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