Treating Schmitt's "Constitutional Theory" and "Guardian of the Constitution" as methodologically sophisticated comparative histories, Seitzer turns Schmitt's argument against itself. He shows how Schmitt's comparative histories, when properly executed, support a decentralized solution to the Republic's difficulties directly contrary to Schmitt's in terms of its purpose and effect. Problem-oriented, comparative-historical studies of key features of the Weimar system suggest that the dispersion of political power facilitates an institutional dialogue over constitutional principle and practice that better provides for political stability and democratic experimentation. These studies also suggest that linking forms of justification with institutions establishes a productive tension among norms and institutions that is essential to maintaining the viability of constitutional democracy, both in the short- and long-term. This work will be of considerable value to Schmitt scholars and those interested in German legal and political theory as well as those concerned with broad issues in comparative law and European history and political theory.
Originally published in 1990.
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50Minutes.com provides a clear and engaging analysis of the Nuremberg trials. In the aftermath of the Second World War, the world was slowly coming round to the large-scale atrocities committed by the Nazis. The Allies recognised the need for international jurisdiction on war crimes and crimes against humanity, such as the Holocaust, and soon one of the darkest and most significant trials in history was underway.
In just 50 minutes you will:
• Expand your knowledge of one of the most widely publicised and historically significant trials of all time
• Understand the notions of crimes against peace and crimes against humanity, particularly in the context of the Holocaust
• Analyse the impact of the Nuremberg trials on international jurisdiction, and the eventual creation of the International Criminal Court
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