THE STATE AND CONSTITUTIONALISM: A CRITICAL ANALYSIS OF CARL SCHMITT’S CONCEPT OF THE STATE’S UNITY AND ITS POLITICAL IMPLICATIONS TO CONTEMPORARY PROBLEMS OF SOCIETY BUILDING.
DOI:
https://doi.org/10.71105/Keywords:
State, political unity, constitutionalism, state form, legal ordering.Abstract
Carl Schmitt conceptualizes the State as a political unity of the people. This conceptual interpretation of the state is fundamental in his legal theory, particularly his ideas on constitutionalism. This paper provides a critical analysis of Schmitt’s conceptual understanding and interpretation of the state as political unity of people, and discusses potential implications Schmitt’s notion of the State as political unity would have to contemporary legal and political theorizing. In my analysis, I contextualize Schmitt’s conceptualization of the state and his proposed foundational state value of political unity and argue that Schmitt’s conceptualization and interpretation of the state as political unity involves some internal weaknesses and tensions to constitute a relevant normative guide for conceptualizing political strategies which would solve some among contemporary political issues related to society building and legal ordering.
References
Constitutional Theory (1928), trans. by J. Seitzer. Durham: Duke University Press, 2008.
The Concept of the Political. Expanded Edition (1932), trans. By G. Schwab. Chicago: University of Chicago Press, 2007.
The Crisis of Parliamentary Democracy (1923), trans. by E. Kennedy. Cambridge: Cambridge University Press, 1985.
Balakrishan, G. The Enemy: An Intellectual Portrait of Carl Schmitt. London: Verso, 2000.
Bendersky, J.W. Carl Schmitt. Theorist of the Reich. Princeton: Princeton University Press, 1983.
Bockenforde, E.W. “The Concept of The Political: A Key to Understanding Carl Schmitt’s Constitutional Theory”. In Law as Politics: Carl Schmitt’s Critique of Liberalism.
Ed. David Dyzernhaus. London: Duke University Press, 1998. PP: 37-55
Cristi, Renato. Carl Schmitt and Authoritarian Liberalism. Llandybie: Dinfwr, 1998.
Edward N. Zarta. Ed. “Carl Schmitt”. In The Stanford Encyclopedia of Philosophy. Stanford: Stanford University, 2010. http://plato.stanford.edu.
Kelly, Duncan. “Carl Schmitt’s Theory of Representation”. In Journal of the History of ideas, Vol.65, No1 (Jan., 2004), pp.113-134. http://www.jstor.org/stable/3654285. Accessed: 16/05/2011.
Mouffe, Chantal. “Carl Schmitt and the Paradox of Liberal Democracy”. In The Challenge of Carl Schmitt. Ed. Chantal Mouffe. London : Verso, 1999. PP: 38-53.
Preuss, K. Ulrich. “Political Order and Democracy: Carl Schmitt and His Influence”. In The Challenge of Carl Schmitt Ed. Chantal Mouffe. London : Verso, 1999. PP: 155-179.
