El decesionismo de Carl Schmittun paréntesis para recuperar la unidad política y el orden jurídico

  1. Eduardo Gago Fernández-Rubalcaba 1
  1. 1 Universidad Complutense de Madrid
    info

    Universidad Complutense de Madrid

    Madrid, España

    ROR 02p0gd045

Journal:
Anuario jurídico Villanueva

ISSN: 1889-9366

Year of publication: 2018

Issue: 12

Pages: 17-40

Type: Article

More publications in: Anuario jurídico Villanueva

Abstract

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