Güvenlik siyasetini aşmak: istisna ve hukuk ilişkisi üzerine bir tartışma

Abstract

This article focuses on the relationship between security politics and the rule of law, and how these issues developed during the era of September 11. Security politics is defined a violation or instrumentalisation of human rights and freedom, or political rights such as participation in the democratic process by the executive power of the state. From this perspective, it can be said that in recent years two basic approaches come to the fore regarding to security politics. The first of these evaluates security politics as a violation or instrumentalisation of law. This approach moves with the Weberian concept of the state and is based on the tradition of social liberalism or liberal constitutionalism. Accordingly, security politics stems from the concentration and centralization of executive power within the order of law and politics in an unusual way. The second approach, which explains security politics as the suspension of law, moves with the Schmittian concept of the state. In this second case, executive power, as the state's fundamental function, and its main ground, disrupts the normal flow of law in-order to protect the ordinary status of the law. As a third approach, the article signifies that it is possible to reconceptualize law as a technique of political administration, instead of relying on the distinction between ordinary law and the state of exception, and elaborates on its political implications‟ capacity to exceed security politics.