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    AN EXAMINATION ON THE “STATE OF EXCEPTION” IN ITS THEORETICAL DIMENSION
    (Kırıkkale Üniversitesi, 2024) Kaya, Semih Batur
    The state of exception is gradually expanding globally both in terms of meaning and scope. In this respect, we can say that the state of exception continues to be a noteworthy issue as a global phenomenon. When we look at it within the scope of our study, it should be noted that the state of exception has generally developed depending on a “sovereign” and its “decision” in the historical process. However, when the state of exception is dominant and it is read through the moment of decision, many problems may arise. The most fundamental of these problems is the legality and functionality of the state of exception. Indeed, the state of exception may have to lose its legality when it is read through the sovereign rather than the state as a legal form of unity. Of course, what we mean by legality here is to refer to the legitimacy as well as the legality of the state of exception. The argument put forward in the study is that instead of being at the dominant axis of the decision and practice regarding the state of exception, it is based and functions in an integrated manner with the state, which is a legal form. Because only in this way does the state of exception cease to be arbitrary and citizens are faced with a state of exception within the law. This provides a very important guarantee in terms of fundamental rights and freedoms. In this direction, in our study, we firstly examine the issue of the state of exception with the state.