The state of exception is gradually expanding globally both in terms of meaning and scope. In this respect, we can say that the state of exception continues to be a noteworthy issue as a global phenomenon. When we look at it within the scope of our study, it should be noted that the state of exception has generally developed depending on a “sovereign” and its “decision” in the historical process. However, when the state of exception is dominant and it is read through the moment of decision, many problems may arise. The most fundamental of these problems is the legality and functionality of the state of exception. Indeed, the state of exception may have to lose its legality when it is read through the sovereign rather than the state as a legal form of unity. Of course, what we mean by legality here is to refer to the legitimacy as well as the legality of the state of exception. The argument put forward in the study is that instead of being at the dominant axis of the decision and practice regarding the state of exception, it is based and functions in an integrated manner with the state, which is a legal form. Because only in this way does the state of exception cease to be arbitrary and citizens are faced with a state of exception within the law. This provides a very important guarantee in terms of fundamental rights and freedoms. In this direction, in our study, we firstly examine the issue of the state of exception with the state.
Political Sovereign State State of Exception Legal Form
“State of exception” is a concept that finds its place in research in various disciplines in social sciences. But here we will try to examine the political nature of the concept. In this regard, let’s briefly touch on the concept of politics and its usage style. This also refers to political technology. As Frankenberg says political technology refers to the exercise of political power. “Technology” covers the set of practices, norms and principles, forms of knowledge and skills, calculations, strategies and tactics used by state actors and institutions in their activities. “Political” and “legal” characterize the ways in which power is exercised. After all, the concept touches on an important component of Michel Foucault’s multifaceted concept of “governmentality”.
Here, political technology highlights the state in its state of exception as a site of activity and intervention for cross-cutting goals and operational strategies. At the same time, the state of exception emphasizes the importance of law as a form of intervention and the basis of authority in the exercise of power. The “technology of the state of exception” therefore not only emphasizes the executive and administrative aspects, that is, self-government, but also includes the legislative practices of power, as well as private institutions acting in the service of the state.
In this case, the exception can always be distinguished as long as it remains within the law. As such, the technology of the state of exception is an art of government of the state bound by law. From ancient times to the Enlightenment, the technology of the state of exception has essentially defined the concept of government as a sovereign’s vision of virtue and prudence. However, at this stage, the state of exception should be declared as a style of action of the state as a political identity rather than the concept of a forward-looking and prudent sovereign.
When we look at the state of exception in terms of state administration today, the difficulty of management and style of action can be emphasized. This can be described as an ironic or critical positioning. In our opinion, in all these contexts, the state of exception can only be handled as a form of management with pragmatic goals when it appears around the sovereign. The concept of sovereign refers to chain “decisions”. However, when the state of exception is attributed to the state, it determines a course of action with norms and facts as a technology. Frankly, in this study we tend to see the state of exception as a state matter. Because only in this way can the state of exception attain a legal form.
Moreover, when the state of exception appears as a form of government, it acquires a certain meaning and has a higher normative burden. This points to the process of harmonizing the state of exception technique with classical semantics and democratic principles under the concept of good governance. Therefore, the state of exception does not focus solely on government practices. As such, it gains the ability to define management techniques in complex regulatory systems with governance based on legality.
A regime under the state of exception determines the logic of the state of exception policy with its own meaning and direction in the two conflict areas. First, it ensures legal prevention against arbitrary use of state power. Secondly, war, uprising, disaster, etc. amelioration of emergencies takes place. When given a legal normativity, the state of exception does not resolve these two issues in an ideal-typical opposition. On the contrary, within the law of exception as a form of law; It structures the areas where task distribution, guidance, control, information or discipline-based security mechanism is required within the scope of a regular law and produces its own technique.
As a result, the state of exception is gradually expanding globally both in terms of meaning and scope. In this respect, we can say that the state of exception continues to be a noteworthy issue as a global phenomenon. When we look at it within the scope of our study, it should be noted that the state of exception has generally developed depending on a “sovereign” and its “decision” in the historical process. However, when the state of exception is dominant and it is read through the moment of decision, many problems may arise. The most fundamental of these problems is the legality and functionality of the state of exception. Indeed, the state of exception may have to lose its legality when it is read through the sovereign rather than the state as a legal form of unity. Of course, what we mean by legality here is to refer to the legitimacy as well as the legality of the state of exception. The argument put forward in the study is that instead of being at the dominant axis of the decision and practice regarding the state of exception, it is based and functions in an integrated manner with the state, which is a legal form. Because only in this way does the state of exception cease to be arbitrary and citizens are faced with a state of exception within the law. This provides a very important guarantee in terms of fundamental rights and freedoms. In this direction, in our study, we firstly examine the issue of the state of exception with the state.
