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Carl Schmitt: The Ultimate Illiberal? - Benjamin Schupmann, Carl Schmitt’s State and Constitutional Theory. A Critical Analysis (Oxford University Press2017), pp. 232.

Published online by Cambridge University Press:  23 October 2019

Abstract

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Type
Book Review
Copyright
© 2019 The Authors 

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Footnotes

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I am a philosopher of law and a legal professional. In the past I have done research in philosophy of law at the University of Leiden. Currently I work as a legal counsellor at the Council of State.

References

1 The Nazis and Communists formed a negative majority, for example, after the election of 31 July 1932. The Nazis became the biggest party, although they held no majority. They paired with the communists and other anti-republican parties to secure a majority, thus making a (majority) government by any union of pro-republican parties impossible. This was dubbed a negative majority since the parties involved would never normally have been allies.

2 Müller, J.-W., ‘Militant Democracy’, in Rosenfeld, M. and Sajó, A. (eds.), The Oxford Handbook of Comparative Constitutional Law (Oxford University Press 2012) p. 1253 Google Scholar.

3 Kirshner, A.S., A Theory of Militant Democracy: The Ethics of Combatting Political Extremism (Yale University Press 2014 CrossRefGoogle Scholar); Rummens, S. and Abts, K., ‘Defending Democracy: The Concentric Containment of Political Extremism58(4) Political Studies (2010) p. 649 CrossRefGoogle Scholar; Invernizzi Accetti, C. and Zuckerman, I., ‘What’s Wrong with Militant Democracy?65(1_supp) Political Studies (2017) p. 182 CrossRefGoogle Scholar; Sottiaux, S. and Rummens, S., ‘Concentric Democracy: Resolving the Incoherence in the European Court of Human Rights10(1) International Journal of Constitutional Law (2012) p. 106 CrossRefGoogle Scholar.