The State of Exception Between Decision and Norm
The State of Exception Between Decision and Norm

Summary/Abstract: The following article aims to analyse the concept of the state of exception in the context of the contemporary rule of law. Therefore, we discuss the potential phenomenalizations and functions of a state of exception in a present-day democracy, as well as the effects that it could have on the political system. We believe that this topic is important and deserves a detailed analysis because, subsequent to the two World Wars, the rapport between the state of affairs and the proclaimed rule of law has suffered drastic changes. If the exception is truly becoming the rule, we have to question and to redefine our political system’s entitle-ment. The article follows the perspectives of two authors, namely Carl Schmitt and Hans Kelsen, as well as the contribution of Giorgio Agamben, who summarizes the two views. Schmitt associates the state of exception with sovereignty and with the open possibility for a decision, while Kelsen’s viewpoint revolves around the concept of norm and therefore excludes any possibility of an exception. The norm-decision duality serves as a guideline throughout this article and proves its usefulness for understanding the state of exception.

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