Abstract

Every state can find itself in a state of emergency, in which—by imposing a state of emergency—it has to suspend the law for a certain period of time in order to take all possible action against an existential threat or even its own destruction. Carl Schmitt described this situation as a ‘provisional dictatorship’. Such a situation occurs when the constitutional order is in danger of being destroyed or at least fundamentally impaired. Since the publication of this book’s 1st edition, the subject of such a ‘state of emergency’ has by no means been settled. Instead, a new form seems to have established itself: a ‘permanent state of emergency’ (Agamben). This development is addressed in the contributions compiled in the book’s 2nd edition.

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