The Research On Constitutionalism Ideology Of Carl Schmitt

From two levels of the liberal Constitution and the non-political nature of the liberal constitutional theory, Schmidt respectively criticized the liberal constitutional theory of the absolute rights, and the idealized model of separation of rights, and the declining parliamentary system of the Weimar government, and the political pluralism and Constitutional normalization. Based on the above criticism, Schmidt reconstructed the constitutional theory of value distribution which included the elements of rule of law and political elements. In terms of the elements of rule of law,Schmidt proposed the principle of value distribution theory of fundamental rights and the doctrine of separation of powers in organization principle; in terms of political factors, Schmidt exhibits the pursuit of homogeneous politics and the desire to the constitutional decision. Based on the evaluation of Schmitt’s constitutional theory at home and abroad, the author thinks that Schmitt’s constitutional theory whose core is emphasizing the political decision is constructed on the basis of political liberalism and legal norms; Schmitt’s constitutional theory, as a journey of redemption, has strong national characteristics, and the theory is closely related to the plight of Germany at that time.