L’état d’exception, un espace vide de droits ? Le renforcement (de l’)exécutif de (par) la loi française
The state of emergency is not a space void of law, as Agamben claims. It is therefore possible to study it from a legal point of view. French law allows for such research, because states of exception have been occurring more and more frequently there since 2015. This research shows that states of em...
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| Format: | Article |
| Language: | deu |
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Centre Interdisciplinaire d'Etudes et de Recherches sur l'Allemagne (CIERA)
2024-03-01
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| Series: | Tr@jectoires |
| Subjects: | |
| Online Access: | https://journals.openedition.org/trajectoires/10079 |
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| Summary: | The state of emergency is not a space void of law, as Agamben claims. It is therefore possible to study it from a legal point of view. French law allows for such research, because states of exception have been occurring more and more frequently there since 2015. This research shows that states of emergency are reinforced by the executive as much as they reinforce it. This strengthening leads to an expansion of the powers of police authorities. Increasing the powers of the latter increases their discretion. This police discretion further reduces legal certainty. This situation leads to a convergence between our research and the general Agambian theory of the state of emergency. |
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| ISSN: | 1959-531X 1961-9057 |