一、存在于决断论中的宪法规划与经济计划从最小化的方面来看,“实证”宪法定义的坚实核心可以全部归结为施米特在《宪法学说》序言中所写下的由人民制宪这一定理,~①并且这种统一的政治决断最终会同制宪权相重合:只要存在着制宪权,就总是存在着最低限度的宪法。宪法的基础是制宪权,不管是国王制宪权、还是人民制宪权。只要这种基础还继续存 I. The Constitutional Planning and Economic Planning Exist in Determinism From the perspective of minimization, the solid core of the “empirical” constitutional definition can all be attributed to Schmitt’s written in the preamble to “the constitutional doctrine” The theorem of the constitutional development of the people, 1 and this unified political decision ultimately coincides with the constitutional power: there is always a minimum constitution as long as constitutional power exists. The constitution is based on the constitutional power, whether it is the constitutional power of the king or the constitutional power of the people. As long as this foundation also continues to exist