A Study On Carl Schmitt’s Constituent Power Theory

Carl Schmitt is one of the greatest theorists in analyzing constituent power and his Constituent Power Theory has caused great argument in academic community.This thesis does not adopt the perspective of external criticism for Carl Schmitt’s Constituent Power Theory.The concept of constituent power from Carl Schmitt is based on Sieyes’ theory.Carl Schmitt explains the theory obscurely.Meanwhile he connects it with his theory of politics and the theory of state.Based on CarlSchmitt’sideological system,the aim of this thesis is to analyze the procedures in which Carl Schmitt establishes his Constituent Power Theory.The concept of constituent premises the concept of constituent power.Chapter One focuses on the object of constituent power when it comes into being,that is what spirit the constituent contains.The founding is that modern constituent is based on the liberalism so the connotation of constituent power has been restricted at first.Chapter Two mainly talks about Carl Schmitt’s effort in restricting constituent and the changes of Constituent Power Theory that synchronizes with the changes of concept of constituent.Chapter Three discusses the property “decision of the political”.Carl Schmitt elaborates his decisionism on sovereign issues.When discussing sovereign theory,the relationship between sovereignty and constituent power is also been argued in that sovereign has obscure connection with constituent power.Chapter Four studies the employment of constituent power.Basically,the constituent power under the influence of decisionism must have personalism in its practice forms.