"According to Schmitt’s aggressive critique, which Fraenkel reiterated in his own writings, the parliament had not originally been an institution of democracy and national politics. When first created in the nineteenth century, it was a distinctly bourgeois institution, open only to wealthy elites. Its purpose was to provide a forum for capable and independent individuals to engage in free discussion and peaceful competition of ideas, then legislate laws for the benefit of the general public. In the Weimar Republic, however, this bourgeois institution had begun to unravel. The electorate now comprised not only wealthy individuals but also the masses, huge parties, powerful pressure groups, and private interests that no longer cared about the public good and sought only to serve their own constituencies. In Schmitt’s narrative, celebrated by many anti-republican conservatives, this irreversible process had turned the German parliament, the Reichstag, into a pathetic institution, in which there was no free discussion or any form of cooperation. As he famously put it, “[s]mall and exclusive committees of parties or party coalitions make their decisions behind closed doors, and what representatives of … interest groups agree to in the smallest committees is more important for the fate of millions of people, perhaps, than any political decision.” Schmitt thus acidly dismissed the parliament as an empty shell that was irrelevant to modern politics. Germany had to dispose of it altogether and reconstitute itself as an authoritarian dictatorship. While Fraenkel agreed with the crux of Schmitt’s painful critique, he strongly rejected his anti-parliamentary conclusions. Schmitt was correct in asserting that the Reichstag had emerged from a bourgeois worldview that sought to preserve individual liberties and free economic enterprise, one that was no longer attuned to the twentieth century. Indeed, the rise of the working class had introduced a new concept of rights to politics. Workers were not interested in individual rights but in what Fraenkel called “collective” rights, which were based on the identity of the group. According to Fraenkel, this concept of “group rights” had spread beyond the working class to religious, ethnic, and other groups. These groups were now demanding that the state represent their interests, not just as individuals, but also as members of collectives. “It has rarely been noticed before,” he maintained, “that our era is experiencing the rudiment of a new social order … [in which] not only the individual, but also associations as such engage independently in the creation of public affairs.” It was this modern focus on group demands that had transformed the parliament into a stage for rival blocs. The difficulty that politicians faced in building coalitions between parties reflected the conceptual conflict between the individualist principles of bourgeois parliamentarianism and the collective nature of modern parties and politics."
January 1, 1970