The political decision as an extra-constitutional instrument of state protection - Carl Schmitt's vision

Abstract

A momentous role in the process of state leadership and management is played by decisions. Contemporary literature emphasises the importance of administrative decisions, examines their essence and function, and locates them against the background of the constitutional principles governing a democratic state under the rule of law. Carl Schmitt's writings contain original reflections on political decisions, to which the author gives legal value. He regards them as sources of law superior to norms. He thus modifies the theory of decisionism. According to Schmitt, in states that have never existed before (German Ausnahmezustand - states of exception, unique states), norms do not fulfil their function. Therefore, in states of special emergency, there must be an institution to protect the constitutional and state order. The instrument to be used then is a political decision.