Reflexions en temps d’exceptionnalite permanente: une analyse à travers le cas de la Palestine et d’Israël

Abstract

This article examines the phenomenon of permanent exceptionality through the specific case of Palestine and Israel, challenging the conventional dichotomy between normality and exception in contemporary constitutional systems. From a critical perspective, it argues that the state of exception is not merely a temporary response to moments of crisis, but rather a durable mode of governance, deeply embedded in the legal and political structures of the state. The study traces the historical evolution of exceptional measures, from their implementation under the British colonial mandate to their institutionalization in contemporary Israeli law, highlighting a continuity often obscured by official narratives.

Three main forms of exceptionality are identified and analyzed: discursive exceptionality, which acts as a precursor to other forms and refers to security discourses and practices that emphasize the presence of a threat; normative exceptionality, which encompasses the legal norms that define the framework of exception; and naturalized exceptionality, which straddles discourse and legal norms, and becomes invisible as it becomes integrated into everyday governance.

Using a sociolegal approach, this article shows how exception has become a structural logic in Israel, with serious consequences for human rights and democratic order. At the same time, it sheds light on the dynamics of power in contexts of prolonged violence and contributes to the broader debate on permanent exceptionality, a phenomenon that today affects many societies beyond the Israeli-Palestinian context.