Legality and legitimacy
By: Carl Schmitt ; translated and edited by Jeffrey Seitzer ; with an introduction by John P. McCormick.
Contributors: Seitzer, Jeffrey.
Publisher: Duke University Press
Published: 2004
Place of publication: Durham
Language: eng
Number of pages: 166
Subjects: Legitimacy of governments -- Germany.; Legislative power -- Germany.; Rule of law -- Germany.
Description: Composed in 1932, but unavailable in English until now, this book questions the political viability of liberal constitutionalism, parliamentary government, & the rule of law. Schmitt advocates an unfettered presidential regime to ensure domestic security in a highly pluralistic society.
Notes: Includes bibliographical references (p. [161]-163) and index.
Table of contents: title: The legislative state and the concept of law; title: Legality and the equal chance for achieving political power; title: The extraordinary lawgiver ratione materiae : the second principal part of the Weimar constitution as a second constitution; title: The extraordinary lawgiver ratione supremitatis : actual meaning-plebiscitary legitimacy instead of legislative state legality; title: The extraordinary lawgiver ratione necessitatis : actual meaning-the administrative state measure displaces the parliamentary legislative state statute.