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Index
Cover Page
Title Page
Copyright Page
Contents
Foreword
Translator’s Preface
An Introduction to Carl Schmitt’s Constitutional Theory: Issues and Context
The Weimar Republic: Cultural and Intellectual Background
Schmitt in Weimar Politics
Methodology in the Weimar-Era Works
Schmitt’s Influence in Subsequent Debates
The End of High-Modern Politics?
Schmitt’s Preface
Part I: Concept of the Constitution
1. Absolute Concept of the Constitution (The Constitution as Unified Whole)
2. Relative Concept of the Constitution (The Constitution as a Multitude of Individual Laws)
3. The Positive Concept of the Constitution (The Constitution as the Complete Decision over the Type and Form of the Political Unity)
4. Ideal Concept of the Constitution (“Constitution” in an exemplary sense, thus named because of a certain content)
5. The Meanings of the Term “Basic Law,” Basic Norm or Lex Fundamentalis (Summarizing Overview)
6. Origin of the Constitution
7. The Constitution as Contract (The Genuine Constitutional Contract)
8. The Constitution-Making Power
9. Legitimacy of a Constitution
10. Consequences of the Theory of the Constitution-Making Power, of the People’s Constitution-Making Power in Particular
11. Concepts Derived from the Concept of the Constitution (Constitutional Change, Statutory Violation of the Constitution, Constitutional Suspension, Constitutional Dispute, High Treason)
Part II: The Rechtsstaat Component of the Modern Constitution
12. The Principles of the Bourgeois Rechtsstaat
13. The Rechtsstaat Concept of Law
14. The Basic Rights
15. The Separation (So-Called Division) of Powers
Theoretical Consequences of a Strict Separation: 1. No Effect of E on L (Government in Opposition to Parliament)
2. No Influence of L on E (Parliament opposed to government and administration)
3. No Effect of E on J (Government and administration vis-à-vis adjudication)
4. No Effect of J on E (Adjudication in contrast to administration)
5. No Effect of L on J (Parliament in contrast to court doctrine)
6. No Effect of J on L (Judiciary opposed to parliament)
16. Bourgeois Rechtsstaat and Political Form
Part III: The Political Component of the Modern Constitution
17-1. The Theory of Democracy Fundamental Concepts
18. The People and the Democratic Constitution
19. Consequences of the Political Principle of Democracy
20. Application of the Political Principle of Democracy to Individual Areas of State Life
21. Boundaries of Democracy
22-2. The Theory of Monarchy
23-3. Aristocratic Elements in Modern Bourgeois-Rechtsstaat Constitutions
24-4. The Parliamentary System
25. Historical Overview of the Development of the Parliamentary System
26. Overview of the Possibilities for the Formation of the Parliamentary System
27. The Parliamentary System of the Weimar Constitution
28. Dissolution of Parliament
Part IV: Constitutional Theory of the Federation
29. Fundamental Concepts of a Constitutional Theory of the Federation
30. Consequences of the Fundamental Concepts of the Constitutional Theory of the Federation
Appendix: The Weimar Constitution
First Principal Part: Development and Responsibilities of the Reich
Second Principal Part: Basic Rights and Duties of Germans
Transitional and Concluding Provisions
Notes
Notes
Introduction
Schmitt’s Preface
1. Absolute Concept of the Constitution
4. Ideal Concept of the Constitution
5. Meanings of the Term “Basic Law”
6. Origin of the Constitution
8. The Constitution-Making Power
11. The Concept of the Constitution
12. The Bourgeois Rechtsstaat
13. The Rechtsstaat Concept of Law
14. The Basic Rights
15. The Separation of Powers
17. The Theory of Democracy
25. Development of the Parliamentary System
26. Formation of the Parliamentary System
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