Carl Schmitt: Is a Constitution a Decision? A Legal Analysis

This article provides an in-depth analysis of Carl Schmitt's political and legal thought, focusing on his redefinition of the concept of a constitution. The author explains why, for Schmitt, the Constitution is not merely a dead set of articles, but a living, existential decision of the political community. The text explores a triad of concepts: the constitution in the absolute, relative, and positive senses, demonstrating their significance in the context of state sustainability. Also important is the discussion of the dispute with Hans Kelsen and a diagnosis of the fragility of liberal systems in the face of a state of emergency. The article compels reflection on whether, in times of crisis, the letter of the law alone is sufficient to protect the political order, or whether sovereign political will and a sense of national unity are also essential.