The Moment of Schmittian Truth: Conceiving of the State of Exception in the Wake of the Financial Crisis

Christian Joerges and Carola Glinski (eds), The European Crisis and the Transformation of Transnational Governance: Authoritarian Managerialism versus Democratic Governance (Oxford: Hart Publishing, 2014 Forthcoming).

Warwick School of Law Research Paper No. 2014/01

25 Pages Posted: 24 Feb 2014

See all articles by Ming-Sung Kuo

Ming-Sung Kuo

University of Warwick - School of Law

Date Written: 2014

Abstract

This paper aims to provide critical perspectives on the constitutional debate surrounding global governance by examining the de facto state of exception as the euro crisis has prompted. I first discuss the character of the US emergency power regime and show that the euro crisis management evokes the design of emergency power in the US: executive emergency powers are ‘normalised’ through ordinary legislation but only switched on with the securitisation of the administrative machinery when a crisis is looming. While (global) administrative law, based on the US experience in dealing with the rise of the administrative state, has been advocated as a pragmatic and normative approach to framing global governance in legal terms, the resemblance the euro crisis management bears to American emergency regime reveals the second but more disturbing aspect of modelling global governance on American administrative law. Then, I reflect upon the appeal and limits of constitutionalisation as a practical response to the new crisis management in global governance. In contrast to the issues concerning American emergency regime, the question of transnational states of emergency is entangled with the constitutional debate over global governance and its political condition. I argue that the dilemma facing the constitutionalisation of global crisis governance exposes the Achilles heel of global governance: the absence of a common political will beyond the state. Thus situated, not only is a successful invocation of emergency power unlikely on the transnational level but global governance will continue to be conceived in non-constitutional terms. Here shines the cunning of the crown jurist of the Third Reich.

Keywords: financial and euro crisis, (global) economic state of emergency, Carl Schmitt, state of exception, emergency powers, normalization of state of emergency, US emergency power regime, global governance, troika, global administrative law

Suggested Citation

Kuo, Ming-Sung, The Moment of Schmittian Truth: Conceiving of the State of Exception in the Wake of the Financial Crisis (2014). Christian Joerges and Carola Glinski (eds), The European Crisis and the Transformation of Transnational Governance: Authoritarian Managerialism versus Democratic Governance (Oxford: Hart Publishing, 2014 Forthcoming). ; Warwick School of Law Research Paper No. 2014/01. Available at SSRN: https://ssrn.com/abstract=2400386

Ming-Sung Kuo (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry, CV4 7AL
United Kingdom

HOME PAGE: http://warwick.ac.uk/fac/soc/law/people?id=4945a0b0c6550cc21bbcc89cf0b570af

Register to save articles to
your library

Register

Paper statistics

Downloads
183
Abstract Views
890
rank
166,167
PlumX Metrics