The normalisation of the exception: Agamben's theory and an examination of the UK's 2001 anti-terrorism, crime and security act
THEORY AND PRACTICE OF LEGISLATION, 2026 (ESCI, Scopus)
- Publication Type: Article / Article
- Publication Date: 2026
- Doi Number: 10.1080/20508840.2026.2682052
- Journal Name: THEORY AND PRACTICE OF LEGISLATION
- Journal Indexes: Emerging Sources Citation Index (ESCI), Scopus, EBSCO Legal Collection, EBSCO Legal Source, HeinOnline-Law Journal Library, Index to Legal Periodicals, Index to legal periodicals & books, Public Affairs Index, Index to Foreign Legal Periodicals, Social Sciences Abstracts, Academic Search Ultimate (EBSCO), Law Journal Library (HeinOnline), Legal Collection (EBSCO), Legal Source (EBSCO)
- Istanbul University Affiliated: Yes
Abstract
This article explores how emergency powers can become a permanent feature of governance, using the United Kingdom's Anti-Terrorism, Crime and Security Act (ATCSA) of 2001 as a case study and drawing on Giorgio Agamben's theory of the state of exception. It begins by outlining the historical and theoretical background of emergency measures, with particular attention to the enduring tension between protecting national security and safeguarding constitutional principles. Agamben's argument is then introduced: that the suspension of law during crises can gradually shift from being an extraordinary response to becoming a normal tool of government. The ATCSA illustrates this dynamic. Passed in the aftermath of 9/11, it authorised indefinite detention without trial and granted wide-ranging new powers to the executive. While judicial challenges, most notably the Belmarsh case, placed some limits on these measures, similar powers soon resurfaced in the form of control orders and later Terrorism Prevention and Investigation Measures (TPIMs). The article argues that these developments highlight the fragility of liberal constitutionalism. Mechanisms such as sunset clauses and judicial review may constrain emergency powers, but only partially. The British experience shows how the line between normal governance and exceptional measures can blur, supporting Agamben's concern that once institutionalised, emergency powers fundamentally reshape democratic rule.