Politicians who warn us against the New Right have been speaking about “Weimar conditions.” Isn’t the comparison with the pre-Hitler era exaggerated?
Not as far as the surprise attack dynamic is concerned. One is in fact reminded of the speed with which the National Socialist party gained political ground in the Weimar Republic. First it had 18%, then suddenly 30%, and soon governing without it became practically impossible. Let’s be honest: Today no one knows where the AfD will reach its limit. In Austria, the candidate of the right-wing populist FPÖ got half the votes. Not that long ago, who would have thought this possible?
Carl Schmitt wrote “The Legal World Revolution” when he was ninety years old, and it turned out to have been his last publication. New political developments had forced him to restate some of his old positions, the most important of which was the relationship between legitimacy, legality, and super-legality. The guiding theme of Schmitt’s final publication was the one that had been of the highest importance during his whole career. It is best summarized in notes posthumously published as Glossarium, in a passage entitled “The Diagnostic and Prognostic of Max Weber,” where Schmitt quoted from Weber’s “Sociology of Law”: “As a result of technical and economic development, it is inevitable that current law is destined to be conceived more and more as a rational technical mechanism which can be modified at any time for functional purposes, and is lacking in any kind of sacred content. The destiny may be hidden by the suppleness of belief of the current law, but cannot be truly avoided.” 
