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Constitutional theory
Author
Uniform Title
Verfassungslehre. English
Title
Constitutional theory [electronic resource] / Carl Schmitt ; translated and edited by Jeffrey Seitzer ; foreword by Ellen Kennedy.
ISBN
9780822390589
0822390582
9780822340119 (cloth : alk. paper)
0822340119 (cloth : alk. paper)
9780822340706 (pbk. : alk. paper)
0822340704 (pbk. : alk. paper)
Published
Durham : Duke University Press, 2008.
Physical Description
xix, 468 p. ; 24 cm.
Local Notes
Access is available to the Yale community.
Notes
Translated from the German.
Access and use
Access restricted by licensing agreement.
Variant and related titles
e-Duke books scholarly collection archive.
Format
Books / Online
Language
English
Added to Catalog
August 24, 2018
Bibliography
Includes bibliographical references and index.
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.
Subjects
Genre/Form
Electronic books.
Also listed under
ebrary, Inc.
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