Presidential function and democracy: Nicolas sarkozy and the weimar legacy

Critical Horizons 8 (2):221-229 (2007)
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Abstract

This paper takes the recent French elections as an opportunity to reflect on the nature of the presidential function in parliamentary democracies. The discrepancy between the winning candidate's pre-election declarations and his actual approach to his new function reflects a fundamental divergence in the possible interpretations of political representation. This divergence was made fully explicit and came to a head in the debate that opposed the two great jurists of the Weimar Republic, Hans Kelsen and Carl Schmitt. This paper suggests that revisiting this old polemic can yield interesting insights into the contemporary situation.

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