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Roman Catholicism and Political Form QUOTES

5 " The power to decide who is sovereign would signify a new sovereignty. A tribunal vested with such powers would constitute a supra-state and supra-sovereignty, which alone could create a new order if, for example, it had the authority to decide on the recognition of a new state. Not a Court of Justice but a League of Nations might have such pretensions. But in exercising them, it would become an independent agent. Together with the function of executing the law, managing an administration, etcetera (which might involve independence in financial affairs, budgeting, and other formalities), it would also signify something in and of itself. Its activity would not be limited to the application of existing legal norms, as would a tribunal that is an administrative authority. It would also be more than an arbiter, because in all decisive conflicts it would have to assert its own interests. Thus it would cease to uphold justice exclusively—in political terms, the status quo. If it took the constantly changing political situation as its guiding principle, it would have to decide on the basis of its own power what new order and what new state is or is not to be recognized. This could not be determined by the preexisting legal order, because most new states have come into being in opposition to the will of their formerly sovereign ruler. Owing to the rationale of self-assertion, it is conceivable that a conflict with the law might arise. Such a tribunal would not only represent the idea of impersonal justice but a powerful personality as well. "

Carl Schmitt , Roman Catholicism and Political Form