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Constitutional Theory (Paperback)
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Constitutional Theory (Paperback)
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Carl Schmitt's magnum opus, Constitutional Theory, was originally
published in 1928 and has been in print in German ever since. This
volume makes Schmitt's masterpiece of comparative constitutionalism
available to English-language readers for the first time. Schmitt
is considered by many to be one of the most original-and, because
of his collaboration with the Nazi party, controversial-political
thinkers of the twentieth century. In Constitutional Theory,
Schmitt provides a highly distinctive and provocative
interpretation of the Weimar Constitution. At the center of this
interpretation lies his famous argument that the legitimacy of a
constitution depends on a sovereign decision of the people. In
addition to being subject to long-standing debate among legal and
political theorists in Western Europe and the United States, this
theory of constitution-making as decision has profoundly influenced
constitutional theorists and designers in Asia, Latin America, and
Eastern Europe. Constitutional Theory is a significant departure
from Schmitt's more polemical Weimar-era works not just in terms of
its moderate tone. Through a comparative history of constitutional
government in Europe and the United States, Schmitt develops an
understanding of liberal constitutionalism that makes room for a
strong, independent state. This edition includes an introduction by
Jeffrey Seitzer and Christopher Thornhill outlining the cultural,
intellectual, and political contexts in which Schmitt wrote
Constitutional Theory; they point out what is distinctive about the
work, examine its reception in the postwar era, and consider its
larger theoretical ramifications. This volume also contains
extensive editorial notes and a translation of the Weimar
Constitution.
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