Vanja Grujic

In this article author addresses national security documents of United States (US) and European Union (EU) and later measures their impact on constitutional and fundamental rights. That is why the paper starts with demonstrations of definitions about terrorism that can be found in most important national and international documents and security strategies. Later, through analysis of documentation, the matter shall come to the power of counter-terrorism legislation in EU and US and lead to presentation of two different approaches in understanding counter-terrorism legislation, the ones that author found appropriate to be part of the paper and that were also named by the same. Situation on counter-terrorism legislation in Brazil shall be described just before author concludes that none of the above described approacher are solution for current “game on fundamental rights” and tries to answer the previously presented debate by posing possible solution and ground point to the future res...

German word Reich in literal translation means “realm”, a territory of regent, or generally, a politically organised state. However, this term is mostly used in connotation to the Empire, as the English translation of Deutsches Reich would most commonly be the “German Empire”. After the fall of the monarchy, the first attempt for a liberal democratic-constitutional reform was called the Weimar Republic, and it was based on the Weimar Constitution. Article 1 of this constitution states: ‘The German Reich is a republic. State authority derives from the people’.238 During the time of the WR is when the second period in Schmitt’s work begins, the so-called Weimer period, and this was marked by three capital works: Politische Romantik (1919), Die Diktatur. Von den Anfängen des modernen Souveränitätsgedankens bis zum proletarischen Klassenkampf (1921), and Politische Theologie. Vier Kapitel zur Lehre von der Souveränität (1922). Political romanticism represents the very beginning of Schmi...

Placed between constituting and constituted power, homo sacer reveals the state of exception, which through sovereign ban, is kept both inside and outside the law. Agamben's latest political and legal philosophy is based upon this concept. As the victim of sovereignty, homo sacer unfolds the paradox of sovereign power, criticizing its fundaments and showing the emptiness of law. However, for potentiality which is at the centre of Agamben's argument, we need to look not only outside sovereignty and sovereign power, but also outside homo sacer. This article aims to examine such space, arguing that through absolute potentiality, the fulfilment of law is possible with the content to be focused on reaching conditions of justice and happy life. Keywords: Homo sacer. Potentiality. State of exception. Happy life.

In this paper, we present new indices for government responses to COVID-19 within six policy areas crucial for understanding the drivers and effects of the pandemic: social distancing, schools, businesses, health monitoring, health resources and mask wearing. We create these measures from combining two of the most comprehensive COVID-19 datasets, the CoronaNet COVID-19 Government Response Event Dataset and the Oxford COVID-19 Government Response Tracker, using a Bayesian time-varying measurement model. Our daily indices track government responses for each of these policy areas from January 1st, 2020 to January 15th, 2021, for over 180 countries. By using a statistical model to generate these indices, we are able to estimate uncertainty within the index and provide external validation for these two COVID-19 policy datasets, showing that though they represent distinct data sources, they show strong convergent validity. We further explore the correlation between these indices and a ran...

In 2018, for the first time after the military dictatorship in Brazil, President Michel Temer signed a decree that allowed federal intervention in the state of Rio de Janeiro, taking the security policy out of the state control and placing it in the hands of a military general. The intervention lasted for ten months, and in exchange for a minor reduction in criminal activity, there was a significant rise in homicides perpetrated by members of the police and in the violation of numerous human rights. This article derives its argument from the sociocriminologist analyses of the complex public security challenges in the state of Rio de Janeiro as well as thorough political and legal analyses of the aforementioned federal intervention. It will be concluded that the creation of the "war scenario" in certain urban areas of Rio de Janeiro by constant and unjustified usage of the exceptional measures has caused massive damage to democracy and the rule of law, undermining basic human rights of the people living in and around those areas. Therefore, the federal intervention in Rio de Janeiro can only be understood through legal and political rationality of exception, where this intervention as the exceptional measure was applied in the already existing state of exception. Finally, the usage of exceptional measures for prolonged periods of time, without justification in the inefficacy of the existing laws, not only does maintain governing based on exceptional rationality, but it also disables possibilities to balance between human rights and their efficacy in Rio de Janeiro.

Placed between constituting and constituted power, homo sacer reveals the state of exception, which through sovereign ban, is kept both inside and outside the law. Agamben's latest political and legal philosophy is based upon this concept. As the victim of sovereignty, homo sacer unfolds the paradox of sovereign power, criticizing its fundaments and showing the emptiness of law. However, for potentiality which is at the centre of Agamben's argument, we need to look not only outside sovereignty and sovereign power, but also outside homo sacer. This article aims to examine such space, arguing that through absolute potentiality, the fulfilment of law is possible with the content to be focused on reaching conditions of justice and happy life.
Keywords: Homo sacer. Potentiality. State of exception. Happy life.