Resumo

WIECZOREK, Tomás. Carl Schmitt, Friend of Weimar. Notes on the Verfassungslehre as Theory and Doctrine of the Constitution. Isonomía [online]. 2022, n.56, pp.29-70.  Epub 08-Ago-2022. ISSN 1405-0218.  https://doi.org/10.5347/isonomia.v0i56.473.

The article addresses Carl Schmitt´s constitutional theory, focusing on its double meaning as a general theory of the modern constitution and a body of doctrine on the Weimar constitution. In the first section, we introduce the positive theory of the modern constitution through its two structuring elements: the political form resulting from the application of the political-formal principles of identity and representation, and the forms of legislation and government inherent to the bourgeois state under the rule of law. The second section focuses on the body of doctrine on the Weimar constitution that Schmitt develops by drawing on the categories presented in the first part. A special focus is placed on its implications in order to understand Schmitt´s position regarding the main intellectual challenges of the time, contrasting his positions with those held by other great contemporary jurists. Finally, the article reviews the connections between the criteria that inform the general theory of the modern constitution and the doctrine of the Weimar constitution, highlighting the peculiarities of Schmitt´s effort to stress the integrity of the constitution against the relativism that he attributes both to legal positivism and to certain political positions of his time.

Palavras-chave : Schmitt; Weimar; constitution; theory; doctrine; Verfassungslehre.