Abstract

The war against terrorism enables the implementation of techniques of exception at all stages of judicial proceedings in criminal cases, front the initiation of a lawsuit to the verdict. It thus puts into question the constitutional mechanisms intended for the protection of privacy. The type of incrimination specific w the accusation of terrorism has created a specifically political crime, i.e., the intention to exert art inappropriate form of pressure on a government or an international organization. It serves as the means for a preventive attack on any process of class recomposition. We thus are witnessing a suspension of the law, which is paradoxically inscribed within the law and belongs to a new legal or juridical order. This amounts to the end of the twofold dimension of the Western legal system as we have known it, namely, the separation between rule of law within and pure violence on the external level. The present imperial organization knowns no externality pure violence has been reinserted at its heart and now belongs to the rule of law. Hence the State of exception as the form of government of the Empire appears above all to be a transitional phase, a tool in the process of installing a more stable form: dictatorship. The end of the formal separation of powers as well as the legal prerogatives appropriated by the executive branch show that this process is well underway