Verfassungslehre 1928

Carl Schmitt / 1890-1918 / 1919-1933 / 1933-1945 / 1945-1949 / 1949-1978

  • Verfassungslehre. Duncker und Humblot, München-Leipzig, 1928.
  • Constitutional Theory. Jeffrey Seitzer, trans. Duke University Press, 2007.
    • 1. Concept of the Constitution
    • 2. The Rechtsstaat Component of the Modern Constitution
    • 3. The Political Component of the Modern Constitution
    • 4. Constitutional Theory of the Federation
  • Oppi valtiomuodosta 1928.

“A concept of the constitution is only possible when one distinguishes constitution and constitutional law.”

”Constitution in the Absolute Sense can mean, to begin with, the concrete manner of existence that is a given with every political unity.”

“Constitution in a relative sense means the individual constitutional law.”

“The constitution in the positive sense originates from an act of the constitution-making power.”

“The constitution-making power is the political will, whose power or authority is capable of making the concrete, comprehensive decision over the type and form of its own political existence.”

“The constitution of the modern bourgeois Rechtsstaat is always a mixed constitution.”

“Representation can occur only in the public sphere. There is no representation that occurs in secret and between two people, and no representation that would be a “private matter.”

“Representation is not a normative event, a process, and a procedure. It is, rather, something existential.”

“Democracy’s precise state form can be grounded only on a precise and substantial concept of equality.”

“The democratic concept of equality is a political concept and, like every genuine political concept, includes the possibility of a distinction.”

“The democratic concept of law is a political, not a Rechtsstaat-based, concept of law. It stems from the potestas of the people and means that law is everything that the people intends: lex est quod populus jussit.”