Abstract
This article explores the nature of political constitutions that are not written texts. It connects Carl Schmitt's 1928 Verfassungslehre with G.W.F. Hegel's manuscript Die Verfassung Deutschlands (1798–1802) to develop a concept of unwritten constitution that refers to the existential unity of a political community, rather than a set of laws. The unwritten constitution rejects basic pillars of liberalism, including social pluralism and legal norms, in favor of the concrete power of the nation-state. Ideological elements of the contemporary Right, particularly anti-immigration politics and a tendency toward militarism, may be understood as a move from written toward unwritten law.
Published Version
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