Eccezione e Stato costituzionale democratico. Una incompatibilità strutturale

Abstract

Abstract
Contemporary societies seem to be unable to emerge from the emergency condition. The advent of an order of human
relations marked by growing material well-being and an increasingly marked cultural homogeneity, in the direction
of a cosmopolitan construction, now seems like a failed project. Many observe that the constant recourse to
government instruments justified by situations of necessity constitutes an objective element of transformation of the
institutional structures of liberal democracies, which in reality thus demonstrate a tendency towards authoritarian
logics to manage the conflict that increasingly disturbs contemporary communities. Rather than refusing to use the
category of state of exception as a concept capable of capturing part of the ongoing processes, it is appropriate to
underline its relevance. At the same time and precisely for this reason, it appears necessary to clearly reject the
continuation of extraordinary administrative actions, self-legitimizing with the evocation of the exceptional condition.
Because they are not compatible with the principles of constitutional democracies. Not only because they are in
contrast with the rule of law model but because, even more, they lead to a real suffocation of the democratic process