Carl Schmitt and the Development of Conservative State Theory in China

Seminar Series: Greater China Legal History
Organized by: CUHK LAW
Speaker: Prof. Ryan Mitchell
Date: 9 October 2020
Over the last decade or so, China’s Supreme People’s Court and the country’s political leaders have consistently rejected the idea of a “judicialized” Constitution, allowing individual litigation. At the same time, the government has also been more vocal and emphatic than ever before in endorsing the national Constitution’s practical and symbolic importance. Is it really possible to endorse “constitutionalism” without endorsing judicial review? If so, how?
Arguably, both Anglo-American liberalism and Marxism fail to provide a model for such an approach to constitutionalism-but other traditions, including German conservative state theory, have helped to fill the gap. In discussing the reception of this body of thought in China, this lecture will focus specifically on the role of Carl Schmitt, the controversial but still influential jurist who argued for Executive “dictatorship” after World War I, was a leading critic of liberalism, and later was disgraced after choosing to collaborate with the Nazi regime.
Although Schmitt’s political choices have made him an uncomfortable source of guidance in China as elsewhere, his unique and thorough arguments about public law and politics continue to provide him with global influence. From issues of territorial sovereignty to the balance between different institutions of government, Schmitt’s version of constitutionalism can help to explain various developments in modern China’s legal order, and even some similar trends worldwide.

[@yttean98]

Watch Prof Keane's lecture on Carl Schmitt's The Political on YT, I think it goes straight into the subject without beating around the bush.

[@FreerMasons]

Wow, the empirical presentation was very compelling

[@laikakhan1313]

The interpretation of Kunlun is absolutely wrong. The split is asked mainly to leave Asia alone. That is a real difference on interpretation. Because Europe and US is imperialists and should leave Asia alone.

[@kyleodonnell3372]

Carl's the man, he got done did dirty

[@michaels4255]

Cosmopolitan liberalism will never rest. It is determined to homogenize the whole world into one universal liberal, secular culture with only superficial differences. I'm not predicting it will succeed, but that is its goal. Their attitude is that liberalism is not secure so long as there is one culture or government anywhere in the world that does not conform to their ideology, and therefore the whole world must be remade in their image.

[@damienpace7350]

Ask China's neighbours who they think the biggest threat is

[@googleit4606]

@@damienpace7350 Ask US's neighbors who made them suffer

[@bohywOw]

China should support decoupling of Europe from the US for that to work because liberal totalitarians will not leave them alone. As it stands now Europe is just another colony of Washington.