Biblioteca Digital de VanguardiaIl diritto e lo Stato per Carl Schmitt, nella legittimazione del nazionalsocialismo: E oltre? Dallo Stato di diritto al costituzionalismo amministrativo
Carl Schmitt was not only a theorist of the “political”, but also a diagnosis of his “time”. Realpolitik and Deutsche Wissenschaft against the spiritual neutralism of modernity. Critique of the secularization from which the modern State was born. It was necessary to reconsider the State based on the...
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| Formato: | info:eu-repo/semantics/article |
| Lenguaje: | Español |
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Conceptos Históricos
2019
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| Acceso en línea: | http://revistasacademicas.unsam.edu.ar/index.php/conhist/article/view/58 http://biblioteca-repositorio.clacso.edu.ar/handle/CLACSO/28112 |
| Sumario: | Carl Schmitt was not only a theorist of the “political”, but also a diagnosis of his “time”. Realpolitik and Deutsche Wissenschaft against the spiritual neutralism of modernity. Critique of the secularization from which the modern State was born. It was necessary to reconsider the State based on the German people’s condition [status]: it is here where the political resides with its intrinsic contents of hostility, which consists in the appointment of an enemy within the State. Critique of the liberal nineteenth-century rule of law. In Verfassungslehre, Carl Schmitt attempts to justify the passage toward the new State in terms of a historical and logical continuity. In there it can also be perceived the reference to Sieyès, with which he closed the circle of liberal constitutionalism. Constituent power and constituted power are now fused together in one sole reality: the one of the State-movement-people typical of Nazism. It is “Adolf Hitler’s rule of law”. After Schmitt, any kind of restoration of constitutionalism and the rule of law seems impossible to me. It is necessary to think about a new kind of constitutionalism: one that pays attention simultaneously to politics’ new global dimension together with its old administrative dimension, and which is also based on the autonomy of local forces. It could thus emerge a new form of federalism. |
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