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Almost half of the political life has been experienced under the state of emergency and state of siege policies in the Turkish Republic. In spite of such a striking number and continuity in the deployment of legal emergency powers, there are just a few legal and political studies examining the reasons for such permanency in governing practices. To fill this gap, this paper aims to discuss one of the most important sources of the ‘permanent’ political crisis in the country: the historical evolution of legal emergency power. In order to highlight how these policies have intensified the highly fragile citizenship regime by weakening the separation of power, repressing the use of political rights and increasing the discretionary power of both the executive and judiciary authorities, the paper sheds light on the emergence and production of a specific form of legality based on the idea of emergency and the principle of executive prerogative. In that context, it aims to provide a genealogical explanation of the evolution of the exceptional form of the nation-state, which is based on the way political society, representation, and legitimacy have been instituted and accompanying failure of the ruling classes in building hegemony in the country.
Almost half of the political life has been experienced under the
state of emergency and state of siege policies in the Turkish
Republic. In spite of such a striking number and continuity in the
deployment of legal emergency powers, there are just a few legal
and political studies examining the reasons for such permanency
in governing practices. To fill this gap, this paper aims to discuss
one of the most important sources of the ‘permanent’ political
crisis in the country: the historical evolution of legal emergency
power. In order to highlight how these policies have intensified
the highly fragile citizenship regime by weakening the separation
of power, repressing the use of political rights and increasing the
discretionary power of both the executive and judiciary authori-
ties, the paper sheds light on the emergence and production of
a specific form of legality based on the idea of emergency and the
principle of executive prerogative. In that context, it aims to
provide a genealogical explanation of the evolution of the excep-
tional form of the nation-state, which is based on the way political
society, representation, and legitimacy have been instituted and
accompanying failure of the ruling classes in building hegemony
in the country.