Abstract

ORDONEZ, Joaquín  and  MARTINEZ, Alejandra Flores. The "state of exception": an instrument of democracy?. Rev. Derecho [online]. 2022, n.57, pp.83-104.  Epub Sep 30, 2022. ISSN 0121-8697.  https://doi.org/10.14482/dere.57.121.852.

Given the crisis of Legitimacy in some contemporary states, the need arises to consider solution criteria that are not exclusively based on Legality or Legality. From a documentary investigation, the concept of exception related to the concept of sovereignty is reviewed, as an alternative to the norm or normal and is proposed as an instrument of democracy that supports state decision-making and the entity empowered to do so, that is, the people. Thus, it is postulated that the concept of exception, as a theoretical construct of Carl Schmitt exposed in his Political Theology, can be an instrument for the adequate exercise of democracy in a State, for which, more than a state of exception, is actually a democratic exception.

Keywords : Democracy; State of exception; sovereignty.

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