Dictatorship

Now available in English for the first time, Dictatorship is Carl Schmitt’s most scholarly book and arguably a paradigm for his entire work.

Written shortly after the Russian Revolution and the First World War, Schmitt analyses the problem of the state of emergency and the power of the Reichspräsident in declaring it. Dictatorship, Schmitt argues, is a necessary legal instituti...

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Now available in English for the first time, Dictatorship is Carl Schmitt’s most scholarly book and arguably a paradigm for his entire work.

Written shortly after the Russian Revolution and the First World War, Schmitt analyses the problem of the state of emergency and the power of the Reichspräsident in declaring it. Dictatorship, Schmitt argues, is a necessary legal institution in constitutional law and has been wrongly portrayed as just the arbitrary rule of a so-called dictator.

Dictatorship is an essential book for understanding the work of Carl Schmitt and a major contribution to the modern theory of a democratic, constitutional state. And despite being written in the early part of the twentieth century, it speaks with remarkable prescience to our contemporary political concerns.

Machine generated contents note:
1. Commissary Dictatorship and State Theory
State Theory Based on Technical Aspects [staatstechnische] and Constitutional State Theory [rechtstaatliche]
Definition of Commissary Dictatorship in Bodin
2. Practice of Royal Commissars until the Eighteenth Century
Ecclesiastic and Royal Commissars
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Machine generated contents note:
1. Commissary Dictatorship and State Theory
State Theory Based on Technical Aspects [staatstechnische] and Constitutional State Theory [rechtstaatliche]
Definition of Commissary Dictatorship in Bodin
2. Practice of Royal Commissars until the Eighteenth Century
Ecclesiastic and Royal Commissars
Excursus on Wallenstein as Dictator
3. Transition to Sovereign Dictatorship in Eighteenth-Century State Theory
4. Concept of Sovereign Dictatorship
5. Custom of People's Commissars during the French Revolution
6. Dictatorship in Contemporary Law and Order: The State of Siege
Appendix: The Dictatorship of the President of the Reich according to Article 48 of the Weimar Constitution
I. Today's prevailing interpretation of Article 48 of the Weimar Constitution
practical implementation of the state of exception
Deficiencies in the prevailing interpretation of the practice of the state of exception
Governmental declarations concerning Article 48, [§]2
need for a thorough examination of Article 48, [§]2
wording of Article 48, [§]2
meaning of the terms `suspension'/`to suspend' [Au€er Kraft setzen]
History of the origins of Article 48, [§]2
II. regulation of Article 48, [§]2 as a provisional solution
Distinction from constitutional emergency law [Staatsnotrecht]
Distinction from the position of the sovereign prince
Distinction from the sovereign dictatorship of a national assembly
typical constitutional regulation for the state of exception
particular nature of the regulation of Article 48, [§]2
Consequences of the postponement of the regulation defined by [§]5, detailed regulation
III. general limitation of the authorisation granted in Article 48, [§]2
constitution as a requirement for `public security and order'
inalienable organisational minimum implied in Article 48
concentration of measures and the concept of measure
main difference between the normal occurrences related to the law [Rechtserscheinungen] and some related to the state of exception
Limitations of constitutional theory with respect to Article 48, [§]2
IV. law of implementation regarding Article 48 RV
general scheme for the lawful [rechtsstaatlich] regulation of the state of exception
existing constitutional law of Article 48 and `detailed regulation'.
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