| 英文摘要 |
Carl Schmitt's idea of the constitutional order is the expression of the idea of the “constitution” and as a legal thinking, and further implies the argument between legality and legitimacy. In this light, any constitutional order is not necessarily a legal order that guarantees the values of freedom and democracy, but it must be a concrete political order. In other words, a concrete political order created by the decision of the people's distinction between friend and enemy is guarded by the people's political decision. If our country's free and democratic constitutional order is interpreted with Carl Schmitt's idea of the constitutional order, it will make the order not only a legal order that manifests the values of freedom and democracy, but also a concrete political order formed by the decision of the people's distinction between friend and enemy. Only with this understanding of our country's free and democratic constitutional order can it be possible to truly safeguard our country's free and democratic constitutional order that is not easy to obtain. |
