DO NOT CRY NO
My class on Saturday reminded me of when I first read about the debate between Kelsen and Schmitt, Kelsen and especially .... I remember:
Soon, Oh! empalidecerás soon you will leave this beautiful world
And you will be forgotten ... (*)
So is "oh soon," Carl Schmitt [...] you'll be forgotten ... denominios and in reality was, if not in theory, q still exists ...
Annotated Schmitt, rather than born Lionel Messi and Justin Bieber: (where is the emoticon of nausea when you need it?)
[ ...] However, the constitutional role as protector of the Constitution is precisely to meet and make redundant the general and any right to disobedience and resistance. Only then can say that there is a protector of the Constitution , in the spirit of the institutions. therefore can not mean they're proponents of the Constitution all entities and individuals that eventually, through the non-implementation of unconstitutional laws or breach of terms of the same nature, can contribute to respect the Constitution as the rights are not violated protected by the Constitution. This is why systematic justifies the fact that the courts are not seen as protectors of the Constitution , even if they exercise the right of judicial review, enhancement, and diffuse. true that, because of the security provided for the independence of the judiciary, is it less risky for the courts to deny obedience to the laws and mandates unconstitutional. But it is not possible to declare the Constitution protective a number of smaller administrative units by the fact that his defense of the Constitution can be done with less dangerous than in the case of any other body. Nor this lower risk criterion can serve as a basis for any "protector of the Constitution ." (1)
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I think in a democratic state, we are all protective of the constitution ... of course except the Horde Nazi history, which, Schmitt justified. And what happens, if, say, that it is necessary that the SH Protect your natural essence, that so by the very nature and that the political nature of man is registered in a contract that gives more benefits than costs, by natural balance and majority decision with respect to smaller groups.
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* Kelsen, Hans., "Carpe diem"
(1) Schmitt, Carl., The defense of the Constitution. Studies on different species and safeguard opportunities for the Constitution, Tecnos , Madrid, 1983, pp. 56-5 7.
