The Puzzle of the Exception: The Rule of Law in the Face of Threats

This text addresses the "puzzle of the exception," a fundamental dilemma facing contemporary democracies in the face of crises that threaten their very existence. The author analyzes how the rule of law can survive moments when the state must resort to extraordinary measures, often exceeding standard legal norms. The central focus of this discussion is Carl Schmitt and his definition of the sovereign as the one who decides on a state of exception. The article juxtaposes these ideas with the American constitutional tradition, examining the doctrine of the "suicide pact" and the evolution of the administrative state. A key question remains the accountability of government and the possibility of procedurally recognizing the exception so that the state's survival does not entail the destruction of its legal foundations. This is a profound analysis of the ethics of responsibility in times of uncertainty.