Abstract

BOHORQUEZ MONTOYA, Juan Pablo. EL PODER CONSTITUYENTE, FUNDAMENTO DE LA DEMOCRACIA: CARL SCHMITT*. Pap.polit. [online]. 2006, vol.11, n.2, pp.525-556. ISSN 0122-4409.

This work analyzes the perspective of the German theoretician of law and politics Carl Schmitt (1888-1985) about one of the fundamental subjects of the political philosophy during the 20th century: democracy and its foundation. Constituent power is the foundation of democracy and its substance depends on the answer given to the question: which is the subject of constituent power? This is still a valid question in a global world where new social subjects are arising. It is in this world where Schmitt's ideas prove their currency and explanatory capacity. Indeed, Carl Schmitt's theory about constituent power allows to question rigorously, among other subjects, the status that gives validity and determines the limits of the forms of effective democracy in the national space, as well as recent democratic forms which are beginning to form, in the "new global order".

Keywords : Carl Schmitt; constituent power; constitution; democracy; liberal democracy; parlamentarism; right state.

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