Constitutional Theory: Schmitt after Derrida

This book advances a new reading of the central works of Carl Schmitt and, in so doing, rethinks the primary concepts of constitutional theory. In this book, Jacques de Ville engages in a close analysis of a number of Schmitts texts, including Dictatorship (1921), The Concept of the Political (1927), Constitutional Theory (1928), Land and Sea (1942), Ex Captivitate Salus (1950), The Nomos of the Earth (1950) and The Theory of the Partisan (1963). This engagement takes place from the perspective of constitutional theory and focuses specifically on concepts or themes such as sovereignty, the state, the political, constituent power, democracy, representation, the constitution and human rights. The book seeks to rethink the structure of these concepts in line with Derridas analysis of Schmitts texts on the concept of the political in Politics of Friendship (1993). This happens by way of an analysis of Derridas engagement with Freud and other psychoanalysts. Although the main focus in the book is on Schmitts texts, it further examines two texts of Derrida (Khra (1993) and Fors: The Anglish Words of Nicholas Abraham and Maria Torok (1976)), by reading these alongside Schmitts own reflections on the positive concept of the constitution.