NORMALISING THE EXCEPTION: THE STATE OF EMERGENCY IN PEACETIME
In response to a call by the Opposition and civil society to lift the state of emergency and to repeal the Prevention of Terrorism Act (PTA) in consequence of the end of the war, the Leader of the House Nimal Siripala de Silva informed Parliament last Tuesday, 26th May 2009, that the Government has no intention of doing so at present. The stated reasons are that the threat of terrorism continues, remaining LTTE cadres in hiding need to be weeded out, and investigations regarding those already in detention are incomplete. This is a predictable and even unsurprising response from the government, because as students of states of emergency will know, the present government is acting in broadly comparable terms with both its predecessors as well as many other governments elsewhere. This is due to what I have described elsewhere as the ‘normalisation of the exception’. Implicit in the central tension between order and democracy which pervades the constitutional and legal…
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