Militant Democracy and the Preventative State

Are states of exception still exceptional? The current debates and developments as well as the existential governmental crises has led to a securitization of rights. State security discourse narrates how states understand and mediate their legal obligations and has been used justify pre-emptive actions and measures which otherwise would not fit within an international law framework. When narrated in the public square, States often construct a discourse around a necessity defence—measures that may be extra-legal but argued to be necessary to protect democratic values and the democratic ‘way of life.’ This typifies what we refer to as ‘militant democratic’ language of the ‘preventive state’ and has been most visible in the raft of antiterrorism measures that were introduced after the events of September 11, 2001 and remain to date. This course will examine the impact of militant democracy and the preventative state on the current human rights landscape. It will look specifically how the narrative of prevention and protection has impacted normative changes to fundamental human rights and how the permanence of emergency is beginning to give the concept of ‘securitization of rights’ legal legs.