Judicialization of politics, judicial self-restraint, and the defense of the constitution
Carl Schmitt's lessons from The Guardian of the Constitution
Bibliographic Data
| ID | 3900103 |
|---|---|
| Authors | Claudio Ladeira De Oliveira (0000-0003-0246-512X, Universidade Federal de Santa Catarina, corresponding author) |
| Year | 2024 |
| Volume | 17 |
| Issue | 2 |
| Pages | 107-130 |
| Publication date | 2024-04-23 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | DoisPontos (JOURNAL) |
| Journal identifiers | ISSN: 1807-3883 • E-ISSN: 2179-7412 |
| Publisher | Universidade Federal do Parana (PUBLISHER • BR) |
| DOI | 10.5380/dp.v17i2.74191t |
| OpenAlex | W4409679451 |
| Language | EN |
| References cited | 1 |
In this paper, I present an interpretation of some of Carl Schmitt's theses in his work Der Hüter der Verfassung (The Guardian of the Constitution). Initially, I present the Schmittian definition of a "guardian of the constitution" as opposed to a "sovereign ruler of the constitution" and compare it to contemporary approaches to constitutionaltheory. Next, I discuss Schmitt's theses on the function of the Reich President as the guardian of the constitution, his defense of an attitude of judicial self-restraint in the judicial review of the constitutionality of laws, and his critique of the "judicialization of politics". Finally, I draw on those theses to raise a discussion on the Brazilian Supreme Court and question its status as "guardian of the constitution
Constitution · Guardian · Political science · Politics · Law · Political Theology and Sovereignty · Seventeenth-Century Political and Philosophical Thought
| Highly cited | No |
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