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The State of Exception and the Unbound Executive

Apr 1, 2025
Dive into the intriguing concept of unbound executive theory, tracing its roots to the controversial thinker Carl Schmitt. Discover how the notion of a sovereign leader operating outside the law can emerge in times of crisis, like during the COVID-19 pandemic. The discussion highlights tensions surrounding constitutional rights in the face of emergencies, revealing the dangerous allure of unchecked executive power. Unravel the post-liberal mindset that fuels these ideas, appealing to both sides of the political spectrum.
15:42

Podcast summary created with Snipd AI

Quick takeaways

  • The unbound executive theory, rooted in the ideas of Carl Schmitt, advocates for leaders to operate without legal constraints during emergencies.
  • The acceptance of unbound executive power in crisis situations raises significant concerns about the potential for tyranny and democratic erosion.

Deep dives

The Unbound Executive Theory

The unbound executive theory argues that a sovereign individual, typically the head of state, must operate without constraints to effectively govern, especially in times of crisis. This theory has historical roots with thinkers like Carl Schmitt, who believed that parliamentary systems can be too rigid and slow to respond to emergencies, necessitating dictatorial powers under certain situations described as a state of exception. Schmitt posited that during these exceptional times, the laws that usually govern the executive should not apply, allowing for decisive action that may contradict constitutional limits. This concept stirs significant debate, particularly in contemporary politics, where advocates and critics of this theory often frame it based on their political alignments and related emergencies, such as public health crises like COVID-19.

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