Reconceptualizing State of Exception

This special issue of Studies in Law, Politics, and Society contributes to a nuanced understanding and exploration of state of exception and emergency rule in the context of the Covid-19 pandemic.

The first chapter plunges us into the European perspective on the state of exception and emergency rule, demonstrating how, as the pandemic unfolded, Europe grappled with redefining its legal and political boundaries. Iraklis Ioannidis, in his probing exploration, questions whether the pandemic truly constituted an exceptional event. Marin Beroš invites us to contemplate “sequestered cosmopolitanism”, unraveling the tensions between cosmopolitan ideals and the realities of seclusion as borders closed and global connections. João Cruz Ribeiro’s meticulous analysis focuses on Portugal, a nation navigating the pandemic while safeguarding democratic checks and balances. Tatu Hyttinen and Saila Heinikoski turn their gaze towards Finland and its cautious approach, inviting us to reflect on the trade-offs between safety and liberty. Finally, José María Rosales embarks on a comparative journey, contrasting Germany and Spain’s divergent constitutional responses to emergency rule during the pandemic.

A glimpse into the complexities of governance during extraordinary times, this collection bolsters our understanding of exceptional circumstances, constitutional choices, and the fragile dynamic between safeguarding public health and upholding democratic norms.