Search results for "state of Exception"
showing 10 items of 12 documents
Vigencia de los derechos constitucionales en el Estado de Excepción con motivo de la emergencia sanitaria del COVID-19.
2021
El Estado de Excepción es una figura jurídica excepcional, que el jefe de Estado decreta frente a situaciones cuya solución escapan la actuación ordinaria, como la pandemia por el COVID–19; en este contexto, el presidente constitucional del Ecuador en uso de sus atribuciones, promulgó el 16 de marzo del 2020, el Decreto No. 1017 de Estado de Excepción y posterior solicitud de prórroga. El presente artículo tiene como objetivo analizar la vigencia de los derechos constitucionales en el Estado de Excepción con motivo de la emergencia sanitaria del COVID-19. Entre los resultados que arrojó la investigación, tenemos que el control constitucional, es un elemento que garantiza equilibrio en la se…
The Concept of Exception: from Politics to Spatial Domain
2014
During the last decade, the concept of the state of exception has branched out from the field of politics into other fields, including planning. Since planning is inseparable from politics and because planning laws are largely influenced by the nature of each political regime. The Italian philosopher Giorgio Agamben was inspired by the German philosopher Carl Schmitt and consequently developed a theory of the state of exception. Schmitt pointed out that the context of exception is declared by a sovereign power and he tied this concept with dictatorship. Agamben, however, argues that the state of exception is not a special kind of law, but it is a zone of anomie, where all legal determinatio…
Landscape of Exception as Spatial and Social Interaction Between High-Quality Agricultural Production and Immigrant Labour Exploitation
2021
This Chapter analyses the spatial and social interaction phenomena between high-quality agricultural production and immigrant labour exploita- tion that produce the landscape of exception, a particular declination of the Agambenian (2005) “state of exception” concept. The landscape of exception construction mechanism is generated within South-Eastern Sicily through the productive system of greenhouses, finalised to the vegetables production. Green- houses, in particular, represent an effective tool for spatial manipulation over the landscape and social control of migrant workers. In relation to these considerations, this work reflects on ethical challenges and dilemmas of planning, highligh…
Invisible Ends Justify Secret Means: Homeland, Machiavelli, and the Least of All Possible Evils
2021
In the rhetoric informing Niccolò Machiavelli’s thought and the contemporary War on Terror, the dialectic between ethics and necessity within the framework of the process of secularization represents a cohesive thread. This very dialectic constitutes also the narrative principle presiding Homeland, one of most insightful TV shows having developed a critical reflection about the present time so far. Dealing with terrorist practices and counterterrorism tactics, the series provides an accurate depiction of the fears featuring nowadays Western societies and the means through which American institutions attempt to answer them . This essay proposes a survey of the conceptual core belonging to th…
Multilevel Power Relations and Planning Conflicts in a ‘Land of Exception’: The Case of the Sughereta di Niscemi Reserve in Sicily
2019
This article aims to investigate how the asymmetrical (political and economic) power relations can influence the effectiveness of planning systems at the local governance level, producing conflicting forms between land transformation and protection of natural interest sites. The article demonstrates how this condition can generate severe forms of environmental and social injustice through the case study of the M.U.O.S. of Niscemi (Mobile User Objective System). M.U.O.S. of Niscemi is a ground station for military communications satellite system, constructed by the United States Navy (Department of Defense) in Zone B of the natural reserve of "Sughereta di Niscemi" (the most relevant relict …
Introduction to "Human Rights & Security: Justifying Exceptions"
2017
Since its introduction in the 1990s1, the concept of securitization has received widespread attention well beyond the field of international relations in the context of which it first appeared. The concept indicates the discursive process in which: (i) an agent claims (securitization move) the necessity to adopt exceptional measures which bring about serious violations of otherwise binding rules, in order to protect a certain value from a grave and extraordinary threat, with the scope of convincing a specific audience to accept those measures and the violations to follow; (ii) the move is successful and the audience effectively accepts the exceptional measures (securitization). One of the p…
Human Rights & Security: Justifying Exceptions
2017
Since its introduction in the 1990s1, the concept of securitization has received widespread attention well beyond the field of international relations in the context of which it first appeared. The concept indicates the discursive process in which: (i) an agent claims (securitization move) the necessity to adopt exceptional measures which bring about serious violations of otherwise binding rules, in order to protect a certain value from a grave and extraordinary threat, with the scope of convincing a specific audience to accept those measures and the violations to follow; (ii) the move is successful and the audience effectively accepts the exceptional measures (securitization). One of the p…
‘Landscape of exception’: Power inequalities and ethical planning challenges in the landscape transformation of south-eastern Sicily
2021
In some marginal contexts of Southern Italy, in light of specific economic, political and social conditions, certain relationships between ‘strong powers’ and ‘weak powers’ produce a suspension of norms/rights that is, paradoxically, ‘normalised’. This creates a particular spatial variation of Agamben’s (2005) state of exception concept: the ‘landscape of exception’. With respect to the possible conditions of ‘exception’, this article describes the ‘landscape of exception’ of the greenhouse system in South-Eastern Sicily. This ‘landscape of exception’ is generated by the greenhouses, in particular those dedicated to vegetable production, through an effective mechanism of spatial manipulati…
The Forecasts of the Witches: the State of Exception in Planning Practices
2015
Agamben argues that the state of exception is not a special kind of law, but it is a zone of anomie, where all legal determinations are deactivated (Agamben, 2005: 50). Conditions of exception do not just occur when a hegemonic power poses itself above the law; they also occur when laws are made in order to exercise control and subjection. Agamben’s state of exception theory describes those contexts where the circumvention of laws and suspension of norms do occur, having as result the production and reproduction of spatial areas as zones which are characterized by a void of law. These phenomena can be found not just in the case of occupying or hegemonic powers, but also in the Western Europ…
A Farewell to Homo Sacer? Sovereign Power and Bare Life in Agamben’s Coronavirus Commentary
2021
AbstractThe article addresses Giorgio Agamben’s critical commentary on the global governance of the Covid-19 pandemic as a paradigm of his political thought. While Agamben’s comments have been criticized as exaggerated and conspiratorial, they arise from the conceptual constellation that he has developed starting from the first volume of his Homo Sacer series. At the centre of this constellation is the relation between the concepts of sovereign power and bare life, whose articulation in the figure of homo sacer Agamben traces from the Antiquity to the present. We shall demonstrate that any such articulation is impossible due to the belonging of these concepts to different planes, respective…