Constitutional theory
By: Carl Schmitt ; translated and edited by Jeffrey Seitzer ; foreword by Ellen Kennedy.
Contributors: Seitzer, Jeffrey.
Publisher: Duke University Press
Published: 2008
Place of publication: Durham
Language: eng
Number of pages: 468
ISBN-13: 9780822340119; 9780822340706
Subjects: Constitutional law -- Germany.; Constitutional law.
Work titles: Verfassungslehre.
Notes: Includes bibliographical references (p. [441]-463) and index.
Table of contents: value: Absolute concept of the constitution (the constitution as unified whole); value: Relative concept of the constitution (the constitution as a multitude of individual laws); value: The positive concept of the constitution (the constitution as the complete decision over the type and form of the political unity); value: Ideal concept of the constitution ("constitution" in an exemplary sense, thus named because of a certain content); value: The meanings of the term "basic law," basic norm or Lex fundamentalis (summarizing overview); value: Origin of the constitution; value: The constitution as contract (the genuine constitutional contract); value: The constitution-making power; value: Legitimacy of a constitution; value: Consequences of the theory of the constitution-making power, of the people's constitution-making power in particular; value: Concepts derived from the concept of the constitution (constitutional change, statutory violation of the constitution, constitutional suspension, constitutional dispute, high treason); value: The principles of the Bourgeois Rechtsstaat; value: The Rechtsstaat concept of law; value: The basic rights; value: Separation (so-called division) of powers; value: Bourgeois Rechtsstaat and political form; value: The theory of democracy, fundamental concepts; value: The people and the democratic constitution; value: Consequences of the political principle of democracy; value: Application of the political principle of democracy to individual areas of state life; value: Boundaries of democracy; value: The theory of monarchy; value: Aristocratic elements in modern Bourgeois-Rechtsstaat constitutions; value: The parliamentary system; value: Historical overview of the development of the parliamentary system; value: Overview of the possibilities for the formation of the parliamentary system; value: The parliamentary system of the Weimar constitution; value: Dissolution of Parliament; value: Fundamental concepts of a constitutional theory of the federation; value: Consequences of the fundamental concepts of the constitutional theory of the federation; value: Appendix: The Weimar constitution