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Discussion, conflict and exception: Carl Schmitt and the not quite new paradigm of lawmaking

Document Citado por Related
Vincent
AutorEduardo Carone Costa Júnior
Páginas194-206
Discussion, conflict and exception:
Carl Schmitt and the not quite new paradigm of
lawmaking
Eduardo Carone Costa Júnior[1]
1. Lawmaking in crisis
It doesn’t take a scholar to realize that lawmaking is facing a
crisis. The average citizen knows that this crisis - even though he
can’t pinpoint the moment it started or it’s causes – concerns the
amount and complexity of laws that impact his everyday life. He also
notice that these laws are not always effective in fixing the problems
politicians state as the reason for their production. These critics,
almost universal, are dully reproduced by the press and have caught
jurisprudence’s attention for quite some time (CARNELUTTI, 2004).
To understand this situation one must remember that the
legislative function bestowed upon parliament is a fairly recent
development of man’s evolution[2]. Only the lower middle ages put in
march a series of events that culminate with the liberal revolutions
and the rise of parliament to the prominent position it holds today in
democratic discourse. As Kelsen (1993) noted, these revolutions and
the fight against authoritarianism happened above all to advance the
cause of parliamentarism. Unfortunately, the moment of birth for the
modern parliamentary democracy is also the starting moment of
parliament’s crisis. Since the creation of law was put in charge of the
parliament, the ever increasing intensity and complexity of social

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