The Worthy House (Charles Haywood)

Legality and Legitimacy (Carl Schmitt)

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Jun 1, 2023
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INSIGHT

Schmitt's Legal-Political Analysis

  • Carl Schmitt's book "Legality and Legitimacy" analyzes the Weimar Constitution's contradictions during crisis.
  • It studies if legislatures can change core societal norms of constitutions establishing them.
INSIGHT

Limits of Parliamentary Lawmaking

  • Schmitt explores if parliaments can override fundamental pre-existing societal values embedded in constitutions.
  • Laws contradicting these values are suspect, questioning Parliament's authority and legitimacy.
INSIGHT

Types of Political States

  • Schmitt differentiates legality from legitimacy by political state types: legislative, jurisdictional, governmental, and administrative.
  • Legislative states bind power strictly to legal norms, suspending resistance rights only if ideal.
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