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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.
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.
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.