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The Legal Theory of Carl Schmitt by Mariano Croce download in ePub, pdf, iPad

Therefore, the brain processes are nothing more than the sensory representation of the processes of the consciousness. Only the current legal consciousness can bind the people, not that of previous generations. The strengthened procedure is laid down in article of the Spanish Constitution.

In contrast to constitutional revision, if successful, this would lead to a constitutional revolution, setting aside the existing constitution and its revision procedure. The constitutional theory of Carl Schmitt fits this type of legal unity claim.

As argued above, this is understandable from the constitutional tradition, dominant in many European countries. To achieve its wish, the Catalonian government needed to claim a constitutional amendment procedure, which was not laid down in the written constitution. This applies to any person or entity that represents a serious threat or conflict to one's own interests. They were divorced, though an appeal to the Catholic Church for an annulment was rejected. The status of Autonomous Community can be obtained in either a slow or fast way.

His proposed solution is to introduce, besides statutory law, other determinants for the outcome in legal cases. It is an unregulated case. The Spanish Constitution, as such, did not have a provision allowing for the secession of certain territorial unities belonging to the Kingdom of Spain. The test-case of an adequate theory of law for Krabbe was the acknowledgment of the legal validity of customary law. One of the most salient parts of the judgement was that the Catalan language no longer had, as was put down in the Statute of Autonomy of Catalonia, preference over the Spanish language in Catalonia.

The Concept of the Political. There is no direct access to brain processes, but all people have access to our consciousness. Another limitation lies in the focus on a constitutional theoretical analysis of the Catalonian constitutional crisis, which touches upon questions of political philosophy.

The Catalonian constitutional crisis is a recent example of an attempt of constitutional change and the need for an adequate theory of constitutional revision in light of legal unity. In Spain, notably, Schmitt has been a well-known constitutional theorist.

In Spain notably Schmitt hasThe Catalonian constitutional

As already pointed out in part I. Schmitt uses this interpretation to develop a theory of myth and politics that serves as a cultural foundation for his concept of political representation.

The amendment procedure is a part of a specific constitution, for example Part X of the Spanish Constitution. According to Schmitt, there are no neutral, i.