Destin de l'antilibéralisme schmittien: Penser l'équilibre des pouvoirs après 1945

Abstract

In postwar Germany, Carl Schmitt's antiliberalism reemerged amidst the constitutional debate over the definition of the balance of powers in the Grundgesetz. Already a bone of contention in Weimar Germany, this issue was hotly disputed by jurists for decades after 1945. Carl Schmitt's constitutional theory had a significant influence on two of his students in particular: Ernst Forsthoff and Werner Weber. Forsthoff and Weber succeeded in recasting their "master's" antiliberalism within the new framework of the Federal Republic, specifically in their efforts to rehabilitate State authority and their manifest distrust of "indirect powers". In this regard their work represents an extension of Schmitt's reflections on the relationship between the State and society.