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State of Exception Project

Palestine and the state of exception- Joint book project with Richardson ‎institute in the UK.‎

July 2017- November 2019‎

Book Overview

Simon Mabon & Sanaa Alsarghali

‎George Orwell once commented that after revolution, “one does not establish a ‎dictatorship in order to safeguard a revolution; one makes the revolution in order to ‎establish the dictatorship”. After the Arab Uprisings, such remarks appear prophetic ‎in a number of Middle Eastern countries as the political landscape across the Middle ‎East has become increasingly contested. Regime-society relations have continued to ‎fragment, resulting in increasingly fractious political dynamics, rising sectarian ‎tensions and a growth in political violence. Within this contested landscape, political ‎elites have sought to maintain their rule by using constitutional powers to declare ‎‎‘states of emergency’, which invariably evolve into states of exception.‎

These ‘emergency’ declarations of ‘exception’ are mechanisms that provide the ‎executive branch of government more powers at certain times. Indeed, countries are ‎considered to be in a ‘state of emergency’ when executive power suspends the ‎normal rule of law, and power is transferred to the police or military. In this book we ‎will discuss how the new (or amended) Arab Constitutions – post Arab Uprisings – ‎have attempted to regulate the ‘state of exception’, using a unique combination of ‎both legal and political theory perspectives.Focusing on Arab republics that have ‎traditionally been beset by the emergence of emergency powers, the book looks at ‎the intersection of law and politics and the impact on the regulation of life across ‎those states.‎

Building on workshops held at Lancaster University in the summers of 2017 and ‎‎2018, this book seeks to explore and develop the concept of the ‘state of exception’ ‎in the contemporary Middle East using the work of the Italian philosopher Giorgio ‎Agamben. To do this, the book draws on both political and legal theories, along with ‎scholars closely related to Agamben, including Achille Mbembe and Carl Schmitt. By ‎involving contributors from the both the political sciences and legal profession, this ‎book can provide a unique synergy of perspectives that is able to offer a rich ‎exploration of how politics and law combine to facilitate the misuse of executive ‎powers. Without this crossover of perspectives, the concept of the ‘state of ‎exception’ has tended to remain burrowed within the respective disciplines, thus ‎limiting its insightful potential.‎

Central to this multi-disciplinary approach, is making explicit the differences between ‎the various terms associated with state of exception (the ‘state of emergency’ and ‎the ‘state of necessity’) that have often been used interchangeably. Indeed, the ‎misusage of the term and the way it is implemented plays a major role in shaping ‎both the political circumstances and the process of constitutional drafting. In ‎combining the perspectives of legal theory with political theory this book hopes to ‎provide a more precise account of the ‘state of exception’ that has tended to occur ‎in these Middle Eastern countries’ despite their explicit attempts, post-Arab ‎Uprisings, to prevent the centralization of executive power.