Constitutional theory

Constitutional theory / Carl Schmitt ; translated and edited by Jeffrey Seitzer ; foreword by Ellen Kennedy.

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Bibliographic Details
Main Author: Schmitt, Carl, 1888-1985 (Author)
Other Authors: Seitzer, Jeffrey (Translator, Editor), Kennedy, Ellen, 1946- (writer of foreword.)
Format: eBook
Language:English
German
Published: Durham ; London : Duke University Press, 2008.
Series:e-Duke books scholarly collection.
Subjects:
Constitutional law > Germany.
Constitutional law.
LAW > Constitutional.
LAW > Public.
Constitutional law
Germany
Online Access:Click for online access
Uniform Title:Verfassungslehre.
Table of Contents:
  • Absolute concept of the constitution (the constitution as unified whole)
  • Relative concept of the constitution (the constitution as a multitude of individual laws)
  • The positive concept of the constitution (the constitution as the complete decision over the type and form of the political unity)
  • Ideal concept of the constitution ("constitution" in an exemplary sense, thus named because of a certain content)
  • The meanings of the term "basic law," basic norm or Lex fundamentalis (summarizing overview)
  • Origin of the constitution
  • The constitution as contract (the genuine constitutional contract)
  • The constitution-making power
  • Legitimacy of a constitution
  • Consequences of the theory of the constitution-making power, of the people's constitution-making power in particular
  • Concepts derived from the concept of the constitution (constitutional change, statutory violation of the constitution, constitutional suspension, constitutional dispute, high treason)
  • The principles of the Bourgeois Rechtsstaat
  • The Rechtsstaat concept of law
  • The basic rights
  • Separation (so-called division) of powers
  • Bourgeois Rechtsstaat and political form
  • The theory of democracy, fundamental concepts
  • The people and the democratic constitution
  • Consequences of the political principle of democracy
  • Application of the political principle of democracy to individual areas of state life
  • Boundaries of democracy
  • The theory of monarchy
  • Aristocratic elements in modern Bourgeois-Rechtsstaat constitutions
  • The parliamentary system
  • Historical overview of the development of the parliamentary system
  • Overview of the possibilities for the formation of the parliamentary system
  • The parliamentary system of the Weimar constitution
  • Dissolution of Parliament
  • Fundamental concepts of a constitutional theory of the federation
  • Consequences of the fundamental concepts of the constitutional theory of the federation
  • Appendix: The Weimar constitution.

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