131214840-Carl-Schmitt
131214840-Carl-Schmitt
131214840-Carl-Schmitt
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ernment, and influence the selection of ministers who are responsible to it, assumes that<br />
belief.<br />
Page 34<br />
The oldest justification for parliament, constantly repeated through the centuries, takes into<br />
account an extreme "expedient": 1 The people in its entirety must decide, as was originally<br />
the case when all members of the community could assemble themselves under the village<br />
tree. But for practical reasons it is impossible today for everyone to come together at the<br />
same time in one place; it is also impossible to ask everyone about every detail. Because of<br />
this, one helps oneself quite reasonably with an elected committee of responsible people, and<br />
parliament is precisely that. So the familiar scale originated: Parliament is a committee of the<br />
people, the government is a committee of parliament. The notion of parliamentarism thereby<br />
appears to be something essentially democratic. But in spite of all its coincidence with<br />
democratic ideas and all the connections it has to them, parliamentarism is not democracy<br />
any more than it is realized in the practical perspective of expediency. If for practical and<br />
technical reasons the representatives of the people can decide instead of the people<br />
themselves, then certainly a single trusted representative could also decide in the name of the<br />
same people. 2 Without ceasing to be democratic, the argument would justify an<br />
antiparliamentary Caesarism. Consequently, this cannot be specific to the idea of<br />
parliamentarism, and the essential point is not that parliament is a committee of the people, a<br />
council of trusted men. There is even a contradiction here in that parliament, as the first<br />
committee, is independent of the people throughout the electoral period and is not usually<br />
subject to recall, whereas the parliamentary government, the second committee, is always<br />
dependent on the trust of the first committee and can therefore be recalled at any time.<br />
The ratio of parliament rests, according to the apt characterization of Rudolf Smend, 3 in a<br />
"dynamic-dialectic," that is, in a process of confrontation of differences and opinions, from<br />
which the real political will results. The essence of parliament is therefore public deliberation<br />
of argument and counterargument, public debate and public discussion,<br />
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