Carl Schmitt and the tyranny of values
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Carl Schmitt and the tyranny of values book
Carl Schmitt is an enigmatic political thinker who develops from this unlikely combination of premises a biting criticism of even the most sacred articles of faith in the established political creeds of time, most importantly the modern liberal democratic-egalitarian theology. Many of Schmitt's works, from Der Wert des Staates of 1914 to the 1970 Political Theology II are aspects on this one grand theme. This chapter examines one of its variations, namely Schmitt's post-war criticism of the tyranny of valuesembodied in the West German constitutional review of laws. Nevertheless, in the light of Schmitt's argument in the first two parts of his Constitutional Theory, his intention was not to criticize basic rights. Like cuckoo's eggs in the nest of the liberal legal system, once accepted as unquestioned sources of law, will be used as sham justifications for any desired interpretation of the law.