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“Sovereign is he who decides the exception.”

— Carl Schmitt (Political Theology: Four Chapters on the Concept of Sovereignty, 1922)

Academic Literature Edward Bogan Academic Literature Edward Bogan

The Consequences of COVID-19 Emergency Risk Mismanagement: The Rise of Anti-Evidence Decision Making in Slovakia

This article contributes to understanding how inexperience and lack of commitment to evidence-based decision making may undermine an otherwise broadly functional framework for constitutional risk management. As part of a focus on the “Visegrád Four” countries, it also helps understand regional dynamics since the COVID-19 pandemic as the most visible emergency after 1989. The article starts with a brief elucidation of the political contexts that have shaped Slovakia’s constitutional risk management, focusing on the developments from 2020 through early 2025. An analysis of mechanisms of emergency risk management in the constitutional framework follows, that helps identify key state authorities attempting to make decisions under serious time pressures. The implementation of the constitutional framework during the COVID-19 pandemic demonstrates the creation of new avenues for restricting rights and bolstering executive competence, with the formally powerful constitutional review mechanisms struggling to challenge these decisions. Ultimately, political context emerges as key: Slovakia entered the COVID-19 pandemic with a governing coalition enjoying constitutional majority and an aura of reform and hope. The emergency mismanagement not only facilitated the breakup of this coalition and early elections, but also a rise in emergency conspiracies openly hostile to institutions and actors committed to evidence-based decision making.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

Constitutional Risk Management in the V4 Countries – Diverging Practices and the Need for Convergence

Our special issue examines the regulation and practice of constitutional risk management in the V(isegrád)-4 countries (Czech Republic, Hungary, Poland and Slovakia). Unfortunately, the treatment of the COVID-19 pandemic made this enterprise relevant, as all four countries had to face a similar health emergency. This article presents the most important experiences and trends in the constitutional crisis management of the four countries, identifying the challenges that the constitutional emergency regulatory regimes have encountered so far. Our paper argues that despite the basically similar constitutional frameworks, these countries typically handled the crisis in a different way, and in the process many constitutional problems arose for which there was no clear or uniform solution. Since the purpose of the international comparative research that is the basis of our special issue was to examine the emergency constitution of these four countries in general (since it will have to be applied to possible later, other types of emergencies), in the last chapter of the article we examine the possibilities of a proposition that represents a novelty in the constitutional discourse on emergency situations: this is an option for the convergence of emergency constitutions.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

Crisis Management Extremes in Multi-Level Systems: Bosnia and Herzegovina

What are the conditions for effective crisis management in multi-level systems characterized by overlapping territorial and ethnic structures? To answer this question, this article considers evidence from Bosnia and Herzegovina (BiH). BiH’s fragmented governance often hinders effective vertical and horizontal coordination across government levels. Drawing on two case studies—the 2014 floods (an internal crisis) and the COVID-19 pandemic (an external crisis)—the analysis reveals how substate entities’ extensive exclusive powers promote unilateral decision-making and limit the ability to address crises collectively. The evidence shows that internal crises often exacerbate fragmentation, while external crises may initially foster coordination before political and structural limitations reassert dominance. Further, while community activism assists in addressing coordination gaps, it cannot substitute for gaps in governance.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

States of Emergency in the Visegrad Group Countries

The article aims to analyze the meaning and place of states of emergency as a special legal regime in the legislation of the Visegrad Group countries. The main research question is about the role of states of emergency in the political system of the Visegrad Group countries, the practice of their application in the face of special threats, and the consequences of states of emergency for citizens and state authorities. Are states of emergency an effective tool for dealing with special threats or an instrument that the government uses to strengthen its power? The main thesis is that political practice has revealed the lack of a coherent model of the Visegrad Group countries’ strategy for overcoming the emergency and using the instrument of struggle in the form of states of emergency. In the case of Hungary, it can be seen that the state of emergency has become an instrument used by the government to strengthen its power. The methods used are the comparative method to compare the practice of application and the regulations in force in the Visegrad Group countries regarding the category of states of emergency.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

Trump 47 and the Judicial Burdens of Presidential Unilateralism

In 2025, President Donald Trump expanded his own powers through unprecedented interpretations of congressional statutes and Article II of the US Constitution. Ensuing waves of litigation and a record number of emergency-relief applications by the administration to the US Supreme Court placed extraordinary pressure on the federal judiciary. Although US district judges have delayed or halted a range of significant administrative actions, this article’s overview of Trump 47 in court highlights three different scholarly approaches that doubt that the US Supreme Court alone can or ultimately will reverse the administration’s agenda. First, the Roberts Court’s emergency docket decisions thus far comport with recent polarization trends in presidential-power cases. Second, the US Supreme Court lacks institutional capacity and consistent jurisprudence to challenge each area of alleged presidential overreach. Third, the administration’s use of broad authorities previously delegated by Congress serves as a reminder that constitutional interpretation and executive-branch powers are rooted in the broader political system. Congress cannot easily retract granted authority but curtailing presidential unilateralism requires more than litigation.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

Human Rights in The Context of the State of Emergency: The Balance Between National Security and Fundamental Freedoms

The proclamation of a state of emergency, whether triggered by armed conflict, terrorist threats, natural disasters, or global pandemics, constitutes a critical test for the resilience of democratic institutions and the protection of fundamental human rights. This paper explores the complex interplay between national security imperatives and the safeguarding of civil liberties during states of exception. Building on a multidisciplinary framework that integrates international human rights law, constitutional theory, and security studies, the analysis examines both normative constraints and empirical practices associated with the temporary suspension or limitation of rights.

The study focuses on the legal mechanisms and justifications invoked by states to derogate from certain obligations under international treaties, such as the European Convention on Human Rights and the International Covenant on Civil and Political Rights. It also addresses the principle of proportionality, the requirement of legality, and the obligation of non-discrimination in the implementation of emergency measures. Special attention is paid to the role of constitutional courts and supranational bodies in reviewing the legitimacy and necessity of such restrictions.

Through a comparative analysis of recent case studies—including the COVID-19 pandemic response—this research highlights the risk of normalization of emergency powers and the erosion of democratic oversight. The paper argues for a strengthened normative framework that ensures a fair balance between protecting national security and preserving individual freedoms, emphasizing the importance of legal predictability, transparency, and accountability in emergency governance.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

Medical populism and local governments during the COVID-19 pandemic

Aim

This paper examines the interplay between political actors in different levels of government (i.e. from local to national) during the COVID-19 pandemic, using the framework of medical populism.

Subjects and methods

Three case studies illustrate how subnational political actors in the Philippines deployed medical-populist tactics to assert their leadership and challenge national policies: (1) Cebu Governor Gwendolyn Garcia’s promotion of “tuob” or steam inhalation during the early months of the pandemic; (2) two congressmen’s endorsement of ivermectin in Metro Manila during the country’s worst COVID surge; and (3) Former Manila Mayor Isko Moreno’s opposition to the national face shield mandate in the period leading up to the 2022 presidential elections.

Results

By spectacularizing the crisis, forwarding knowledge claims, and forging divisions between ordinary people and the so-called elite establishments of government and health authorities, these actors were able to either speak over scientific evidence or help contradict policies that were not backed by solid evidence to begin with.

Conclusion

This paper highlights the plural manifestations of medical populism in a given country, beyond just national leaders, as well as the evolving dynamics between national and local governments (and political actors) amidst health crises.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

State Power and the Spectacle of Death: Violence, Impunity and Martyrdom in Fatima Bhutto’s Memoir “The Hour of the Wolf”

This article examines the problem of state violence and institutional impunity in Pakistan through a close textual analysis of Fatima Bhutto’s memoir “The Hour of the Wolf.” It argues that political violence in Pakistan is not an institutional failure but a recurring mode of governance in which law is selectively suspended, accountability is indefinitely deferred, and death is symbolically managed through public narratives of martyrdom. To conceptualize this process, the article develops an original theoretical framework, the Exception-Martyrdom Apparatus, by integrating Giorgio Agamben’s notion of the state of exception with Judith Butler’s theory of grievability. Drawing on sustained close readings of the memoir, the study demonstrates how violence is administratively coordinated, how impunity is produced through delay and silence, and how martyrdom functions as a form of political eyewash that substitutes moral reverence for justice. Rather than offering narrative closure, “The Hour of the Wolf” exposes the structural conditions that allow political killing to persist without accountability. The article positions the memoir as a critical counter-archive of state power and contributes to South Asian Studies by reframing impunity as governance rather than breakdown.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

Rethinking crisis management: Technocracy, globalism, and the rise of emergenciocracy

By examining the intersection of technocracy, globalism, and the increasing weight of emergencies in decision-making processes, the paper presents and discusses the concept of emergenciocracy, a governance framework that normalizes the use of emergencies as a structural and rhetorical tool to manage crises. The analysis situates emergenciocracy within the broader context of the ongoing polycrisis—the convergence of ecological, health, economic, and geopolitical crises—arguing that this framework generates a departure from traditional democratic norms. Emergencies, initially framed as temporary deviations, have evolved (and will evolve) into sustained modes of governance, consolidating authority while bypassing deliberative processes: this is not only referred to biopolitics as postulated by Agamben but especially to political opportunity structures, implying the risk to increase socio-economic inequality. Moving in particular from energy and climate issues, I highlight the role of technocratic expertise and centralized transnational governance in shaping responses to crises, criticizing the depoliticization of public discourse through the fetishization of technical solutions, which often marginalize alternative epistemologies and community-driven initiatives.

An important aspect being explored is also the complex role of grassroots movements in legitimizing emergenciocratic practices. While such movements advocate for urgent action on critical issues related to social and environmental justice, their reliance on emergency rhetoric may inadvertently reinforce top-down governance structures.

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Academic Literature, Legal Analysis Edward Bogan Academic Literature, Legal Analysis Edward Bogan

The Political Economy of Emergency: Postcolonialism, Crisis Governance and Decolonial Alternatives

The political rhetoric surrounding the Horn of Africa is perpetually framed through narratives of crisis, tragedy and emergency. These labels, rather than simply being used to describe instability, function as tools of governance to normalise dysfunction and entrench cycles of dependency. Drawing on postcolonial frameworks, the discourse interrogates how such crisis narratives obscure and ignore structural issues. Further, this sustains and promotes external authority, often rooted in colonial narratives of the region. The exploration of case studies, Somalia and South Sudan, highlighting how international interventions, often framed as peacebuilding or humanitarian efforts, reinforce the very ‘crisis’ it aims to address. The solution to decolonise this paradigm created by western interventionist economies lies in alternatives grounded in African epistemologies of governance that centre local sovereignty. In doing so, reimagining governance beyond ‘emergency’, towards sustainable political autonomy, rooted in localised political power, emerges as the primary, if not only, viable solution.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

The ‘Right’ Side of the Law. State of Siege and the Rise of Fascism in Interwar Romania

The aim of this article is to problematize one of the most audacious tenets of the new consensus, namely the revolutionary character of fascism, by linking together the experience of the state of siege and the emergence of the fascist movement in interwar Romania. It tries to do so by drawing on the philosophical underpinnings of the paradigm of the state of exception developed by Giorgio Agamben and Walter Benjamin’s critique of law and violence. In a first part my aim is to present the main arguments espoused in defending the view according to which fascist movements were professing an authentic revolutionary radical politics. Secondly, I will turn towards legal critique and to the work of Giorgio Agamben in order to build a topography of the relation between law and the force of state. In a third part I will focus on the uses and the historical meaning of the state of siege in post-First World War Romania. This article argues that the emergence of the fascist movement in Romania is an event strongly embedded in the political, legal and symbolic dynamics entailed by the state of exception rather than the expression of a revolutionary thrust.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

Bukele's Leadership: Transforming El Salvador Through Iron Fist Policies and Social Media Power

This article examines Nayib Bukele's leadership and his revolutionary government style in El Salvador, emphasising the convergence of stringent security policies, criminal populism, and digital political communication. Bukele's administration has realised a significant reduction in homicide and gang-related violence, chiefly through the enforcement of a prolonged State of Exception and the establishment of the Centro de Confinamiento del Terrorismo (CECOT), a vast prison epitomising total state authority. Utilising ideas of authoritarian populism, penal governance, and digital populism, the research examines how Bukele reinterprets legitimacy, transitioning it from democratic processes to performance-oriented results. By employing charismatic leadership and an advanced social media approach, Bukele has circumvented traditional institutions, centralised authority, and established a direct emotional bond with the populace. Although some Salvadorans rejoice in the restoration of safety and order, detractors caution against the deterioration of legal protections, judicial autonomy, and civil liberties. The report underscores a paradox: Bukele's popularity increases concurrently with the erosion of democratic standards. The study contends that although Bukele's model provides immediate stability and encourages regional imitation, it poses significant concerns regarding the sustainability of security attained through democratic erosion and institutional exceptionalism.

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Academic Literature, Legal Analysis Edward Bogan Academic Literature, Legal Analysis Edward Bogan

The threshold of emergency: sovereign power, constitutional change and the spectre of Civil War in 1938 Romania

This article seeks to capture the transformative potential of emergency powers, as a legal–political practice pertaining to liberal legality that ultimately can determine constitutional change, rather than a return to ‘normality’. It does so by providing an analysis of the transition from formal and limited liberal legality in Romania to the series of dictatorships that followed the instauration of the regime of royal dictatorship of King Carol II in 1938. Anchored in a close reading of the archival documents of the trial of the leader of the main far right movement, Corneliu Zelea Codreanu, and the subsequent legal proceedings, the proposed article aims to produce revaluation of the jurisprudential and constitutional status of the regime of King Carol II with a view of understanding the emergency-based dimension of this rule and the particular shift it operated foundational legal categories in criminal and constitutional law. I proceed by examining the current theoretical limitations in addressing the historical role of emergency in relation to constitutional orders. I turn then to exploring the political and legal context of the prorogation of emergency measures in 1938 Romania. Last, I examine the limited status of modern legality in a situation oversaturated by emergency measures.

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Academic Literature, Legal Analysis Edward Bogan Academic Literature, Legal Analysis Edward Bogan

Unconstitutional States of Emergency

Nine of 10 modern constitutions contain explicit emergency provisions describing who can declare a state of emergency (and under what conditions) and the additional powers the government enjoys under a state of emergency. As states of emergency typically allocate additional powers to the executive, they lend themselves easily to abuse and provide political incentives to declare emergencies. In this paper, we analyze the conditions under which government behavior under a state of emergency deviates from constitutional provisions and a gap between de jure provisions and de facto behavior thus results. In a novel data set comprising 853 emergency declarations, 115 are identified as unlawful. We find that autocratic governments are more likely than democratic governments to violate the constitution. The requirement that a second chamber approve the emergency declaration is associated with a higher likelihood of its being unconstitutional.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

Governance of emergency powers and accountability in Indonesian disaster management

This paper argues that disaster management governance in Indonesia must align with emergency principles. In emergencies, special laws apply to prevent budget misuse and abuse of power. This study analyzes emergency authority in Indonesia's checks and balances system, focusing on legislative oversight. Using a legal-normative approach, it reviews Law No. 24/2007 on Disaster Management and the principles of necessity, proportionality, and temporality. The main findings are: (1) national and regional legislatures have little role in extending or ending emergency status, which allows unchecked use of emergency powers; (2) oversight of emergency actions is weak; and (3) there are no clear time limits for emergencies, enabling excessive extensions. The study recommends reforming laws to: (a) increase the legislature’s role in emergency status decisions; (b) clarify oversight and budgeting authority; and (c) set deadlines and rules for extending emergencies to improve accountability.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

Biopolitics and public health in times of crisis

The COVID-19 pandemic has renewed attention to the entanglement of politics, health, and the governance of life. Measures such as lockdowns, vaccination campaigns, digital contact tracing, and quarantine protocols reveal that public health policy operates not merely as a technical or medical response, but as a form of political power acting directly upon bodies and populations. By examining how states enacted exceptional measures under conditions of crisis, this paper highlights both the potency and the fragility of sovereign control. Comparative case studies demonstrate how legal frameworks, political cultures, and ideological assumptions shape not only policy responses but also the differential valuation of life during health emergencies. Ultimately, the article argues that public health crises are not solely biomedical events, but deeply political phenomena.

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Academic Literature, Legal Analysis Edward Bogan Academic Literature, Legal Analysis Edward Bogan

A Farewell to Homo Sacer? Sovereign Power and Bare Life in Agamben’s Coronavirus Commentary

The article addresses Giorgio Agamben's critical commentary on the global governance of the COVID-19 pandemic as a paradigm of his political thought. While Agamben's comments have been criticized as exaggerated and conspiratorial, they arise from the conceptual constellation that he has developed starting from the first volume of his Homo Sacer series. At the centre of this constellation is the relation between the concepts of sovereign power and bare life, whose articulation in the figure of homo sacer Agamben traces from Antiquity to the present. We shall demonstrate that any such articulation is impossible due to the belonging of these concepts to different planes, respectively empirical and transcendental, which Agamben brings together in a problematic fashion. His account of the sovereign state of exception collapses a plurality of empirical states of exception into a zone of indistinction between different exceptional states and the normal state and then elevates this very indistinction to the transcendental condition of intelligibility of politics as such. Conversely, the notion of bare life, originally posited as the transcendental condition of possibility of positive forms of life, is recast as an empirical figure, whose sole form is the absence of form. We conclude that this problematic articulation should be abandoned for a theory that rather highlights the non-relation between sovereign power and bare life, which conditions the possibility of resistance and transformation that remains obscure in Agamben's thought.

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Academic Literature, Legal Analysis Edward Bogan Academic Literature, Legal Analysis Edward Bogan

Unpacking al-Sisi’s Threefold Populism through Giorgio Agamben’s State of Exception Following 3 July 2013

How has Giorgio Agamben’s state of exception enabled the repressive concretization of al-Sisi’s populism following the 3 July 2013? Drawing on the state of exception, this study argues that al-Sisi’s populism developed a complex mechanism of repression building on his predecessors’ points of strength. Inspired by his predecessors’ repressive techniques, al-Sisi’s populism manifested a three-pronged strategy encompassing Nasser’s heroic image as a nation savior, al-Sadat’s technocrats-military-businessmen alliance, and Mubarak’s extended structural and legal repression. This study builds on a critical discourse analysis of al-Sisi’s speeches, legal documentations, and reports addressing Egyptian politics from 2013 until present in identifying a threefold populism based on the projection of a heroic image, a business-military-technocrats alliance, and structural-legal repression.

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Academic Literature Edward Bogan Academic Literature Edward Bogan

Analysis of Executive Decree PCM-29-22 (The State of Exception)

Report by the Honduran Human Rights Commission (CONADEH) on the first period of the country's "State of Emergency" decree. The data analyzed here show a serious discrepancy between the information that was being officially communicated by the National Police to the public and the data that CONADEH has been able to verify. This includes evidence that 95% of detentions during this period were for minor offenses, and only 1% of detentions were related to the crime of extortion (which was, officially, the rationale for the suspension of rights that came with the Decree). In addition, the identities of some people detained were not recorded, and detentions occurred far beyond the zone designated as part of the Decree. It is highly worrying for CONADEH that in view of these data, the State of Emergency has been extended. This extension necessarily implies two scenarios: either 1) these data were not analyzed, meaning the State's duty to build a broad and sufficient justification capable of arguing the suitability, necessity, and proportionality of the extension of the measure was not taken seriously; or 2) the information presented here was ignored, constituting an excessively discretionary decision on the part of the corresponding authorities.

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Academic Literature, Legal Analysis Edward Bogan Academic Literature, Legal Analysis Edward Bogan

The United Nations and States of Exception

The political and legal problem of a state of exception, whereby a state deviates from its normal constitutional and legal order in response to a real or perceived emergency, has generated much debate. Critics contend that the use of a state of exception really is an exception that swallows the rule, with the potential to corrode the entire legal order. The first part of this article explores international law’s attempt to put limits upon countries' use of state of exception, as enforced by the Human Rights Committee of the United Nations. Secondly, the author looks at the broader question of whether or not the U.N., as a super-state, itself uses states of exception, and what, if any, limits are placed upon it.

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