Title: Nexus between exceptionalism and rule of law in the light of 'governmentality'

Authors: Mahnaz Bayat Komitaki; Mohammad Reza Khabook

Addresses: Law Faculty of Shahid Beheshti University, Tehran, Iran ' Sant'Anna School of Advanced Studies of Pisa, Pisa, Italy; University of Trento, Italy

Abstract: One of the most common reactions to emergency situations is taking emergency measures based on necessity. Nowadays, it is also claimed that due to the transformation of the threatening factors to the society, collective security is permanently at serious risk. Therefore, the state of emergency is the normal state of our time. According to these circumstances should be changed in favour of public interest and security as one of its elements. Thus, the central issue of this idea, called exceptionalism, is how to resolve the conflict between rights and public security. In response, different theoretical approaches have been put forward. This article claims that extra-legal measures approach that, by emphasising on unusual practices, first avoids the normalisation of emergency actions and their generalisation to normal situations, secondly, it prevents us to make a distinction between notions of 'us and them', finally, points out the need for an ex-post ratification, is justifiable in the light of Foucault's idea of governmentality.

Keywords: emergency situations; exceptionalism; securitisation; extra-legal measures; ex-post ratification; governmental rationality (governmentality); normalisation of exception; legislative exceptionalism; sovereign exceptionalism; rule of law.

DOI: 10.1504/IJHRCS.2020.109250

International Journal of Human Rights and Constitutional Studies, 2020 Vol.7 No.3, pp.171 - 192

Received: 10 Dec 2019
Accepted: 15 Feb 2020

Published online: 18 Aug 2020 *

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