Abstract
AbstractThe paper is an attempt to examine how Carl Schmitt's constitutional theory can be useful to analyse the Constitution of the State of Israel designed in the late 1940s – the impact of which Jacob Taubes once certified. The author analyses three projects created then by Leo Kohn through the prism of Schmitt's concept ofVerfassungandVerfassungsgesetz. He also reads in the context of Schmitt's philosophy (fromConstitutional TheoryandTheNomosof the Earth) the constitutional situation of Israel as a country where, first, the Constitution has not been passed and the basic matter of its legal system is regulated by the Basic Laws; second, citizens of Arab origin are excluded from the national community; and third, the borders of the state remain fluid and change due to the constant partition of the land.
Highlights
In 1949, Jacob Taubes came to Jerusalem as a research fellow of the Hebrew University
In order to complete one of them, he went to the library on Mount Skopus and, not counting on success, asked for a copy of Carl Schmitt’s Constitutional Theory
Taubes explained a few years later: ‘[T]he minister of justice, Pinchas Rosen, needed Schmitt’s Verfassungslehre so that he could deal with some difficult problems in the drafting of the constitution for the State of Israel
Summary
In 1949, Jacob Taubes came to Jerusalem as a research fellow of the Hebrew University. In Israel in the 1940s, presenting to the public a Nazi Party member as a theoretician, whose works were important in the process of law-making, was even more problematic than today – which does not exclude an option to read Israeli legal documents from that time in the way Vermuele did with the American administrative law. This kind of reading is the second option for considering the relationship between the German jurist and the State of Israel, and the one that I will follow. As I will show in the conclusion, the accuracy of this framework ends shortly after that period
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
