ABSTRACT
Schmitt adopts and defends the positive concept of the constitution as opposed to the absolute, relative and ideal concepts. In terms of Schmitt's positive concept, the constitution as such refers to the decision by the bearer of constituent power as to the form and nature of the political unity. Schmitt's reflections on the state in The Leviathan in the State Theory of Thomas Hobbes provides further support of the natura naturans, the unformed and unorganised nature of people, as well as the analogy to God as the objective obscure and as at war with himself. The conception of sovereignty has important implications both for the subject of constituent power and for the decision at stake in constituent power, as Derrida spells out in Politics of Friendship and in Rogues. The chapter has seeks to show that Schmitt's texts stand open to a reading in respect of constituent power where the demos is viewed as formless and as a groundless force.
