Local Political Units and Sovereignty in the Perspective of Carl Schmitt’s Political Philosophy

  • Tomaz Kerestes University of Maribor, Faculty of Law, Mladinska ulica 9, 2000 Maribor
Keywords: sovereignty, Carl Schmitt, local political units, political theology, anti-liberalism, anti-parliamentarism

Abstract

To Schmitt, a parliamentary system is a direct product of the liberal rule of law, which is by itself an attempt of bourgeoisie to protect itself from the state, and as such an anti-political form. As the whole liberal position of bourgeoisie, the parliamentarism is inconsistent in its position towards political matters. The second problem of parliamentarism is that it historically represents a tool of bourgeoisie to integrate in the monarchic state and achieve political unity. The historical antagonism between the bourgeoisie and proletariat does not seem to be solved even in a present day state, being it particularly true for the post-communist states, but also the rest of the world, as clearly demonstrated by the latest economic crisis. The liberal ties of parliamentarism with representative democracy based on individual secret ballot only contribute to the problem. These notions are for Schmitt closely connected to the concept of sovereignty. A sovereign is the one who decides about the state of exception within the legal order. This power is not only a legal but also a factual question. Every political subject aspiring to gain independence should note this fact in order to be able to claim the sovereign power.

Author Biography

Tomaz Kerestes, University of Maribor, Faculty of Law, Mladinska ulica 9, 2000 Maribor
Assistant Professor Department for Foundamental Legal Disciplines
Published
2014-04-16
Section
Articles