scholarly journals Scenes of emergency: Dis/re-assembling the promise of the UK emergency state

2020 ◽  
pp. 239965442095421
Author(s):  
Ben Anderson
Keyword(s):  
The State ◽  
State Of Emergency ◽  
State Effect ◽  
Emergency Powers ◽  
Anxious State ◽  
The Uk

The paper traces the development of UK ‘state of emergency’ legislation through three ‘scenes of emergency’: the introduction of the Emergency Powers Act in 1920, a revision to the Act in 1964, and discussion within government departments about possible changes to emergency powers in 1973. Through these scenes, and contra to existing work on the state of emergency as an occasion for the intensification of sovereignty, I show how the introduction of and revision to ‘state of emergency’ legislation were occasions for a double concern – with the excessiveness of the state, as per Foucault’s analysis of liberalism, but also for the excessiveness of events. In ‘scenes of emergency’ a specific ‘state effect’ was dis/re-assembled: the promise of the providential state that protected life through control of events. As emergency legislation was subject to deliberation and contestation, other versions of the state surfaced: beginning with the interested, classed, state and the tyrannical state as emergency powers were introduced and ending with the anxious state that loses faith in the efficacy of emergency powers in a world of changing events. As well as arguing that work on governing emergencies should be orientated to ‘scenes of emergency’ in which that which governs relates to excess, the paper suggests that assemblage approaches to the state should be concerned with dis/re-assembly.

scholarly journals Eswatini's legislative response to COVID-19: Whither human rights?

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Musa Njabulo Shongwe
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
The State ◽  
State Of Emergency ◽  
Human Rights Protection ◽  
Emergency Powers ◽  
Executive Authority ◽  
Constitutional State ◽  
Response Measures ◽  
Long Term Impact

Having been confronted with the COVID-19 pandemic, the Kingdom of Eswatini has had to adopt both soft and hard response measures. The constitutional emergency response framework had not envisaged the type of emergency brought about by COVID-19, forcing the state to enact extraordinary regulatory measures. Unprecedented emergency powers have been conferred on state functionaries. Questions have arisen as to the nature of these emergency powers, the manner in which these powers have been exercised and the absence of special oversight mechanisms. The response measures and regulations have had an unparalleled impact on lives and livelihoods of Emaswati. This article explores the nature of emergency powers in the laws of Eswatini, and the particular effects of the COVID-19 regulations on human rights. This article commences with an analysis of constitutional emergency powers in Eswatini and the limitations thereof, and considers the question of why the state did not invoke a constitutional state of emergency. The article proceeds to examine the nature of statutory emergency powers under the Disaster Management Act, and considers whether there are effective legal limitations on the exercise of executive authority and effective safeguards against the abuse of power. The article then deals with the particular impact of the COVID-19 response legal framework on human rights protection. In this regard, the article advances examples of situations where rights have been infringed. Finally, the article proposes that the state's response measures should continuously endeavour to mitigate the long-term impact on human rights.

scholarly journals Accommodating Security Imperatives v. Protecting Fundamental Rights

2018 ◽  
Vol 28 (1-4) ◽  
pp. 62-91
Author(s):  
Emre Turkut
Keyword(s):  
National Security ◽  
The State ◽  
Fundamental Rights ◽  
State Of Emergency ◽  
Emergency Powers ◽  
Turkish State ◽  
Turkish Case ◽  
Domestic Level ◽  
Historical Origins

This article seeks to illuminate the use of exceptional national security and emergency powers in the fight against terrorism in Turkey. The article is organized in four parts. Section i looks at the role of terrorism in the activation and justification of a state of emergency and introduces the Turkish case within this context. Section ii explores the historical origins of the Turkish state of emergency regime and analyses the principles regulating emergency regime at the Turkish domestic level. Section iii examines the operation of governmental emergency powers by providing an analysis of the state of emergency practices in Turkey, both past and present. A principal focus is necessarily directed at the state of emergency and the measures deployed within this framework in Turkey’s predominantly Kurdish southeast, where emergency rule was in force from 1987 to 2002, and the recent nationwide state of emergency in the wake of the 15 July attempted coup. Section iv presents concluding remarks.

scholarly journals Emergency governance (un)bound: A brief reflection on Southeast Europe's response to Covid-19 pandemic

Pravni zapisi ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 123-145
Author(s):  
Teodora Miljojković
Keyword(s):  
The State ◽  
Executive Power ◽  
Constitutional Court ◽  
Southeast Europe ◽  
Constitutional Courts ◽  
State Of Emergency ◽  
Emergency Powers ◽  
Global Pandemic ◽  
Emergency Decision Making ◽  
Emergency Decision

Relying on the Madison-Schmitt dichotomy in the theory of emergency governance, this article will explore to what extent constitutional courts of Southeast Europe imposed warranted limits to the executive power in their responses to the Covid-19 global pandemic. The specific aim of this article is to illustrate how the constitutional courts of Croatia and Serbia responded to the question of whether the Covid-19 pandemic called for the introduction of the state of emergency. The dilemmas that emerged in the Covid-19-related rulings of these courts reflect the heated constitutional theoretical debates on emergency powers, which could be roughly reduced to three main points of examination: (1) Is the executive de facto Schmitt's sovereign , who decides on the case of exception even when the constitution states other-wise? (2) Should the courts, following the historically repetitive practice, demonstrate special deference to other branches of government in the time of crisis such as the Covid-19 pandemic? (3) Are the courts in the position to assess the constitutionally envisaged facts and conditions for introducing the emergency regime, e.g., to go into a formal and substantive review of the declaration of the state of emergency? The analysis will conclude that the constitutional courts of Serbia and Croatia failed to set out a robust doctrine of emergency powers and constrain other branches of governments effectively. In Serbia, that resulted in a constitutionally legitimized NEO-Schmittian model, which presupposes that in the time of a crisis, the powers of emergency decision making significantly shift to the executive. On the other hand, the Croatian Constitutional Court missed the chance of entrenching a strong Madisonian model based on the interbranch checks and balances and cooperation.

From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland

2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre
Keyword(s):  
General Rule ◽  
The State ◽  
The Other ◽  
Specific Field ◽  
Widespread Phenomenon ◽  
Judicialization Of Politics ◽  
The Uk ◽  
Migration Law

Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

“I'd make thee eat the mischief thou hast vented”: Discourse of Law in Ben Jonson's Catiline His Conspiracy

2017 ◽  
Vol 24 (1) ◽  
pp. 22-45
Author(s):  
Akihiko Shimizu
Keyword(s):  
Early Modern ◽  
Political Discourse ◽  
Legal Discourse ◽  
The State ◽  
The Political ◽  
State Of Emergency ◽  
Gunpowder Plot ◽  
Effective Use ◽  
Legal Procedures ◽  
The Way

This essay explores the discourse of law that constitutes the controversial apprehension of Cicero's issuing of the ultimate decree of the Senate (senatus consultum ultimum) in Catiline. The play juxtaposes the struggle of Cicero, whose moral character and legitimacy are at stake in regards to the extra-legal uses of espionage, with the supposedly mischievous Catilinarians who appear to observe legal procedures more carefully throughout their plot. To mitigate this ambivalence, the play defends Cicero's actions by depicting the way in which Cicero establishes the rhetoric of public counsel to convince the citizens of his legitimacy in his unprecedented dealing with Catiline. To understand the contemporaneousness of Catiline, I will explore the way the play integrates the early modern discourses of counsel and the legal maxim of ‘better to suffer an inconvenience than mischief,’ suggesting Jonson's subtle sensibility towards King James's legal reformation which aimed to establish and deploy monarchical authority in the state of emergency (such as the Gunpowder Plot of 1605). The play's climactic trial scene highlights the display of the collected evidence, such as hand-written letters and the testimonies obtained through Cicero's spies, the Allbroges, as proof of Catiline's mischievous character. I argue that the tactical negotiating skills of the virtuous and vicious characters rely heavily on the effective use of rhetoric exemplified by both the political discourse of classical Rome and the legal discourse of Tudor and Jacobean England.

Japanese-language videos on YouTube as a source of public health information for COVID-19 (Preprint)

2020 ◽  
Author(s):  
Takeo Yasu
Keyword(s):  
Public Health ◽  
Health Information ◽  
Scientific Evidence ◽  
The State ◽  
Video Content ◽  
Sources Of Information ◽  
State Of Emergency ◽  
Public Health Information ◽  
Youtube Videos ◽  
Spread Of Infection

BACKGROUND Serious public health problems, such as the COVID-19 pandemic, can cause an infodemic. Sources of information that may cause an infodemic include social networking services; YouTube, which consists of content created and uploaded by individuals, is one such source. OBJECTIVE To survey the content and changes in YouTube videos that present public health information about COVID-19 in Japan. METHODS We surveyed YouTube content regarding public health information pertaining to COVID-19 in Japan. YouTube searches were performed on March 6, 2020 (before the state of emergency), April 14 (during the state of emergency), and May 27 (after the state of emergency was lifted), with 136, 113, and 140 sample videos evaluated, respectively. The main outcome measures were: (1) The total number of views for each video, (2) video content, and (3) the usefulness of the video. RESULTS In the 100 most viewed YouTube videos during the three periods, the number of videos on public health information in March was significantly higher than in May (p = .02). Of the 331 unique videos, 9.1% (n = 30) were released by healthcare professionals. Useful videos providing public health information about the prevention of the spread of infection comprised only 13.0% of the sample but were viewed significantly more often than not useful videos (p = .006). CONCLUSIONS Individuals need to take care when obtaining information from YouTube before or early in a pandemic, during which time scientific evidence is scarce.

scholarly journals Vulnerable bodies and invisible work: The Covid-19 pandemic and social reproduction

2021 ◽  
pp. 135822912110313
Author(s):  
Ellen Gordon-Bouvier
Keyword(s):  
Social Reproduction ◽  
The State ◽  
Family Unit ◽  
State Response ◽  
The Past ◽  
Invisible Work ◽  
The Uk ◽  
Liberal Individualism

The restrained state has always sought to devalue socially reproductive work, often consigning it to the private family unit, where it is viewed as a natural part of female relational roles. This marginalisation of social reproduction adversely affects those performing it and reduces their resilience to vulnerability. The pandemic has largely shattered the liberal illusions of autonomous personhood and state restraint. The reality of our universal embodied vulnerability has now become impossible to ignore, and society’s reliance on socially reproductive work has therefore been pushed into public view. However, the pandemic has also exacerbated harms and pressures for those performing paid and unpaid social reproduction, creating a crisis that demands an urgent state response. As it is argued in this paper, the UK response to date has been inadequate, illustrating an unwillingness to abandon familiar principles of liberal individualism. However, the pandemic has also created a climate of exceptionality, which has prompted even the most neoliberal of states to consider measures that in the past would have been dismissed. In this paper, it is imagined how the state can use this opportunity to become more responsive and improve the resilience of social reproduction workers, both inside and outside the home.

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