El decesionismo de Carl Schmittun paréntesis para recuperar la unidad política y el orden jurídico
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Universidad Complutense de Madrid
info
ISSN: 1889-9366
Any de publicació: 2018
Número: 12
Pàgines: 17-40
Tipus: Article
Altres publicacions en: Anuario jurídico Villanueva
Resum
Carl Schmitt’s decisionism answers to the necessity of providing a solution to an emergency situation in political and social life. That is to say, whenever the possibility of recomposing a disintegrated –and about to dissolve– society doesn’t exist, the key is to establish a special type of dictatorship, the commissary, from which a unitary power may erect a legal order. It is accepted that power is held by anyone who can be above particular or group interests, serving common interest. This provisional sovereign would be a dictator-legislator with an exceptional, but temporary power. In any way Schmitt is trying to establish a tyranny, for he justifies its provisional task so as to restore order and the political body. Once the objective that justifies the access and the exercise of power as a decisionist will is achieved, it would give way to political power submitted to legal order