Abstract

SALAZAR QUILLE, Erland Cristian. Legal limits to the state of exception. Rev. Jur. Der. [online]. 2021, vol.10, n.15, pp.85-104. ISSN 2413-2810.

Abstract To describe what is understood by State of Exception and what are its legal limits is a complex task because the concept of State of Exception is broad; not infrequently the idea of State of Exception is vague and ambiguous, and can be misinterpreted in the legal reality, in addition, it must be taken into account that its description depends on philosophical, political and legal variables. In this paper I will approach the subject through the exposition of the most relevant ideas of the authors who analyzed the subject and I will confront them with each other: Carl Schmitt, with a political and legal conception; Giorgio Agamben, with a critical and historical conception (archeology of the concept) and Hans Kelsen, although he did not write on the specific subject, his theoretical contributions from the legal science also allow us to understand more clearly what is understood by the State of exception and its legal limits. Finally, from a personal analysis, the topic is presented for the specific case of Bolivia.

Keywords : State of exception; dictatorship; Constitution; legal system..

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