LEGALITY AND LEGITIMACY: NOTES ON THE RELATIONSHIP BETWEEN OTTO KIRHHEIMER AND CARL SCHMITT

This paper aims to analyze the category of constitucional legitimacy from the debate held between Otto Kirchheimer and Carl Schmitt, student and teacher during the Republic of Weimar. This debate will also allow us to present the intellectual biography and, above all, the theory of the State and the Constitution of the young Otto Kirchheimer, partially forgotten, to the Spanish public. In the context of this analysis, we consider interesting to address Carl Schmitt's influence on the historical and contemporary academic left, taking into account the methodological contradictions of Kirchheimer himself, the first representative of what has been considered as "Left - Schmittianism".