Publication at Faculty of Law |
2023
Abstract
The article is devoted to the analysis of quotations from the work of Carl Schmitt, an important German theorist of law and politics of the 20th century, in the case law of the Czech and Slovak constitutional courts. The individual decisions, the context of the quotations, and the works from which they come are presented.
The article explains that Schmitt has been referred to when deciding, for example, on the concept of fundamental rights, the functioning of parliaments and the (in)admissibility of constitutional amendments.