The Democratic Legitimation of the State of Exception Cover Image

Legitimarea democratică a stării de excepţie
The Democratic Legitimation of the State of Exception

Author(s): Nadia Sava
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Editura Academiei Române
Keywords: state of exception; democracy; totalitarianism; decision; norm; democratic legitimacy; contemporary political regimes; the limit of the state of exception;

Summary/Abstract: The following article aims to discuss the relationship between the concepts of state of exception and democracy; more specifically, to question whether the state of exception can gain democratic legitimacy in a contemporary state. The answer is positive if the state of exception seeks to conserve the democratic system and to preserve it from external threats. However, if the state of exception serves another purpose, democracy can be affected in its most fundamental aspects, the political regime being transformed into a totalitarian one.

  • Issue Year: XVI/2018
  • Issue No: 1
  • Page Range: 211-222
  • Page Count: 11
  • Language: Romanian