On 9 January 2024, the president of the Republic of Ecuador decreed a state of exception in which he recognized the existence of a non-international armed conflict (NIAC) involving twenty-two criminal groups. By July 2024, the president had declared four additional states of exception. The Constitutional Court examined the decrees and ruled against the existence of a NIAC. In this context, the objective of this article is to present, contrast and analyze the positions of the president and the Constitutional Court and highlight the most notable jurisprudential developments. This case study is relevant to exploring some of the challenges of classifying armed conflicts involving organized crime. In respect of the position of the president, inconsistencies were identified between the recognition of the armed conflict and the actions taken to confront it. As to the Court's jurisprudence, some notable developments identified include the incorporation of international humanitarian law treaties into the block of constitutionality and the ruling on challenges of contemporary armed conflicts such as spillovers, coalition formation and the participation of criminal groups in armed conflicts.

This essay begins with a quotation from Carl Schmitt in which he quotes Søren Kierkegaard on the significance of the exception in political theology. The essay is an extended reflection on this quotation within a quotation. Through a comparison of Kierkegaard and Schmitt, the author presents two readings of the state of exception: the first centers on the figure of the sovereign, while the second centers on the figure of the martyr. The sovereign suspends the law from above, while the martyr suspends it from below. In the political sphere, there are two ways of becoming the exception: the sovereign versus the martyr.

This Article explores both theoretically and historically the core features of authoritarian adjudication. It attempts to offer an ideal type of what could mean a full assertion of authoritarianism in the context of adjudication. It aims to do so by first highlighting the value of insights that critical legal history can bring to the current discussion of populism. Second, it explores the paradigm of the exception that it aims to revise and ground in a historical analysis of the interwar period. Third, it considers the intellectual and practical lines of continuity between current reactions to the pandemic and the historical role of the military in modernity by drawing on the example of Romania. In a final part, it provides a reflection on the confusion between law, politics, and military concerns as a specific feature of modern authoritarianism.

Is the Covid-19 pandemic changing the constitutional-power structures of our democracies? Is this centennial public health emergency irreversibly constraining our liberties? The paper examines recent state-measures of containment during the initial phase of spread of the Covid-19 crisis. It compares primarily the Italian scenario with the Chinese and the American one. It asks whether the measures adopted particularly in the Italian case (known as DPCMs) amount to a state of exception or to a use of emergency powers. Cognizant of the authoritarian risks in severed enjoyments of constitutional rights, the authors conclude that this is not what occurred in the case of solid democracies. At the level of governmental analysis, the “decree” strategy of the Italian DPCMs allude to paternalistic forms of power-exercise that empty the self-determining prerogative of the parliament.

The contemporary post-truth environment imposes limitations and ethical consid erations upon the political theatre-maker’s ability to highlight political leaders’ exceptional acts of deception. By unpacking and applying Giorgio Agamben’s writing on the State of Exception to post-truth political performances, Alex D. Wilson discusses in this article how political deception is an exceptional act of sovereign power and how the state of exception is an inherently performative phenomenon. The inherent challenges this state of affairs presents to the theatre are discussed with particular reference to David Hare’s Stuff Happens (2004), which, it is argued, falls into its own state of exception in terms of its approach to truth. Alex D. Wilson is a PhD candidate in Theatre Studies at the University of Otago, who recently completed an MA which explored ethical authorship of British theatrical work produced in response to the 2003 Invasion of Iraq. He is the artistic director of Arcade, a Dunedin-based performing arts company.

This article aims at positioning the agency of the displaced within the longue durée, as it is exposed in contexts of hospitality and asylum, by articulating its key modes: contingent, willed and compelled. Using the ancient world as its starting point, the article exposes the duplicity in conceiving of the current condition of displacement as transient or exceptional. As such, it argues for the urgent need of a shift in the perception of displaced persons from that of impotent victims to potent agents, and to engage with the new forms of exceptional politics which their circumstances engender.

This article explores the ambivalent forms of authority and legitimacy articulated by the Office of the High Representative of the international community in postwar Bosnia and Herzegovina. The High Representative exercised quasi-sovereign powers that placed his position at the center of two contradictions: a democratization paradox of “imposing democracy,” that is, promoting democracy through undemocratic means, and a state-building paradox of building an independent state by violating the principle of popular sovereignty. I analyze the Office's use of mass-mediated publicity to show how the High Representative sought to legitimize his actions in ways that both sustained the norms of democracy and statehood he advocated and suspended the contradictions behind how he promoted them. In doing so, he claimed that Bosnia was caught in a temporary state of exception to the normal nation-state order of things. This claim obliged him to show that he was working to end the state of exception. By focusing on one failed attempt by the OHR to orchestrate an enactment of “local ownership” that was aimed at demonstrating that Bosnia no longer required foreign supervision, this article identifies important limits to internationally instigated political transformation. It offers a view of international intervention that is more volatile, open-ended, and unpredictable than either the ordered representations of the technocratic vision or the confident assertions that critique international intervention as a form of (neo)imperial domination. It also demonstrates the analytic importance of publicity for the comparative study of international nation-building and democratization in the post-Cold War era.

The Kingston Immigration Holding Centre (KIHC) is a purpose-built prison for individuals subject to security certificates, located on the grounds of Millhaven Institution in Bath, Ontario. KIHC was created in 2006 in response to controversy over the use of provincial detention facilities for long-term security-certificate detention. While the security-certificate mechanism and its related processes have been the subject of a growing body of critical socio-legal scholarship, the juridico-political space of KIHC has yet to be described or problematized in depth. The present study addresses this gap by providing a detailed account of the history of the facility and an exploration of the interactions within the Canadian insecurity field that shaped its emergence, governing arrangement, and everyday operations. Given the paucity of publicly available official information about KIHC, our study draws extensively on material obtained through requests filed under the federal Access to Information Act. Building on the existing literature, we frame security-certificate detention as a form of normalized exceptionality made possible by counter-law and argue that it conforms to the juridico-political concept of the camp. We then proceed to describe how this particular camp came into being, with an emphasis on the role played by interactions between professionals and institutions within the Canadian security field. The interagency contractual arrangement between the Correctional Service of Canada (CSC) and the Canada Border Services Agency (CBSA) that governs KIHC is outlined. We describe this arrangement as the product of the authority to detain indefinitely meeting the capacity to confine pragmatically, under the banner of national security, and consider its implications for CSC's correctional mandate. The KIHC facility emerges as an “ancillary exception,” the institutional reflection of attempts to reform and normalize the security-certificate mechanism. We conclude by making a case for the abolition of KIHC.

Can the dissolution or transgression of sovereign authority – ‘failed states’, for example – be understood within a concept of sovereignty? Extant understandings provide a negative answer; approaches to sovereignty in International Relations and Political Theory conceptualize sovereignty as located in stable entities, generally states. Insofar as political societies face crises of authority, those crises arise from exogenous factors, not the structure of sovereignty. We argue that this is a restrictive notion of sovereignty. In its place, we offer a theorization that can account for the dissolution or transgression of sovereign orders, focusing on the possibility that sovereigns may not recognize their subjects as the originary structure of sovereignty. In our understanding, sovereignty is logically and temporally before sovereign power. Consequently, the possibility of dissolution is a structural condition of all sovereign orders. This enables us to theorize the relationship between sovereignty, sovereign power, and the law, and to apply this broader concept to analyze politics in ‘weak’ and ‘failed states’.

This article argues for a broad compatibility between the Theology of Liberation and Catholic Social Thought. It can be argued that both of these discourses have been eclipsed in the post-conciliar period by the attention given to sexual ethics rather than the ‘social question’. Two possibilities are put forward as to how these discourses may re-connect with contemporary political and economic debates. Firstly, the notions of the ‘State of Exception’ and the homo sacer (advanced by Giorgio Agamben) have opened up new space for theological reflection centred upon the victim. Secondly, the search for a post-Rawlsian account of global justice, such as we find in the work of Amartya Sen, offers a possible version of a political ‘project’, to which both Liberation Theology and Catholic Social Thought can contribute.