Özet:

The criticism of Carl Schmitt's liberal, bourgeois constitutional state is based on the gaps of parliamentary system. Friedrich August Von Hayek puts the basic components of systematic liberal constitutionalism which were criticized by Schmitt at the center of his thought. Although Schmitt's criticisms of modern constitutionalism do not form the basis of Hayek's thought, it seems that both thinkers are similar in some theoretical points. These similarities have influenced the development of the modern constitutionalism. Ideas based on Schmitt's criticisms led to an academic pathway on the gaps of modern bourgeois constitutionalism. Although Hayek's ideas on liberal freedoms are an example for some thinkers, they formed the basis of some criticisms. In this article, Schmitt's critique of modern (liberal) constitutionalism is examined through Hayek, which has a very important place in terms of liberal theory, while the origins of Hayek's thought are addressed through Schmitt's set of concepts. In this context, the article aims to focus on the problems that Schmitt and Hayek dissociate and resemble in modern constitutionalism and to discuss the basic concepts of constitutionalism such as separation of powers, liberalism, individual liberties.

Anahtar Kelimeler: