وضعیت استثنایی

The articulation of the bond between the individual and society, the government and its citizens, and the guarantee of liberty and justice within a political community are among the fundamental principles of constitutional law and their guardianship. However, the existence of emergencies led to the temporary suspension of the law, a concept accepted in most legal traditions worldwide. Yet, recent scientific research suggests that modern governments increasingly create state of necessity to justify this suspension. An analysis of this issue within the Islamic Republic of Iran highlights a different narrative compared to the global perspective, which can be conceptualized as a “state of sensitive” This is a dual state where politicians never place themselves in a position to suspend the law but legally pursue such suspension. This study aims to answer the question of “how the Iranian political system legally suspends and collapses law and decision-making in ‘ state of sensitive” Employing a hermeneutic approach, the findings of this study show that the Iranian constitutional tradition has anticipated certain principles, employed specific language, and established institutions that can lead to a state of perpetual suspension, or even collapse of the law, without the formal declaration of a state of necessity and is viewed as a strict enforcement of the law.

“current sensitive state” are a proposition that has prevailed in the governance of Iran right from the scratch of the Islamic revolution and become the basis of the virtuousness of decision-making, such that includes all governance dimensions and a sign of it continues to swing.; a situation which is established by anxiety, crisis and peculiarity, and the realm of Iranian biopolitics revolves around it. The framework for scrutinizing this situation is a permanent temporary status that has existed throughout the history of the universe and is latent in the concept of “the state of exception”, a situation swinging in law until it is respected. Agamben’s genealogy has demonstrated it in various forms, that each of them entails a special, structure apart from similarities and manifests themselves in two legal and extra-legal traditions. The essay postulates that the state of exception in Iranian society has been a state of crisis and the question of this essay is whether we can find its position in the legal tradition of the Islamic Republic of Iran. The threshold of indeterminacy and the display of interpretation, discrimination, and plurality of law are the upshot of this essay.

Due to the appearance of the virtual world in recent decades, human life encountered a deep transformation which has led to a new life-typology and hence an alternative human-life. In such a world, the new societies, with bonds other than the classical socio-geographical-political, connect people from all around the world in a new-established social order and even simultaneously in different societies. However, the point is due to the nature of the virtual world, such societies are not based on any human needs, but only the man’s desire which motivates him to subscribe to a new-established society in which solely the founders are the legitimate law-makers. So, unlike the real society, in such societies, due to the state of exception, the authority can issue any regulative rules and all the members are obliged to obey. Exploring the intellectual aspects of the human desire to voluntarily obey this kind of authority, the present study attempts to develop an alternative approach in which the members are allowed to actively participate in social ordering and restrict the exceptional attributions to the authority.

Pervasive diseases such as Corona are among the plagues that, in addition to their natural aspect, also have a human and social dimension that has affected all areas of human life. One of the most important actions of societies, especially governments, in encountering with this disease, has been to resort the restrictions and various controls in social life. Some measures like quarantine or distancing to prevent the spread of the disease, is justified under the logic of exceptional or emergency states and imposes requirements on the lives of all individuals and social groups. Such special conditions and their status are directly related to the will of governments to exercise legal power based on social interests. Iran which like almost any country in the world, suffers from Corona disease, has experienced similar cases of cholera and plague in the past. Accordingly, the question and concern of the present article is that understanding the crisis caused by the epidemic and the measures taken by governments in relation to it in the historical sphere of Iran, what help can be in understanding the current policy of Iran. In this case, using the approach of "Giorgio Agamben" based on "Carl Schmitt" and "Walter Benjamin", while emphasizing the exceptional state in the specific conditions of societies, we conclude that Iranian society influenced by the circumstances Exceptional states such as the suspension of the law and on the other hand due to lack of law enforcement or ambiguity in it has been a double problem.

After the occurrence of military coup in Turkey in July 2016 the president declared emergency situation. Emergency situation is the unbalanced situation between public law and political implication. Schmitt and Agamben as the theorist of state of emergency in the legal system have a different view about the situation. Schmitt believes that emergency situation is a paradoxical situation in which the ruler is outside the legal order and has the monopoly to take final decision. On the other hand Agamben also believes that emergency situation leads to exclusion of a number of citizens of their rights and putting them out of the legal order and this leads to more subjugation of the citizens. The article makes use of the theory of Schmitt and Agamben to explain the situation in Turkey. The main question raised is “What is the state of emergency in Turkish constitution?” Whether the Schmitt and Agamben theory can explain the coup and post-coup measures in the direction of increasing the power of government? The finding of the study shows that the coup in Turkey has become a tool for suppressing the opposition groups and it is meant to increase the power of the president. A measure which results to take away the rights of Turkish citizens; and dominating the political life of the country.