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In the virtual camp: the Swedish defence intelligence court

Journal article
Authors Tormod Otter Johansen
Published in Retfærd. Nordisk Juridisk Tidsskrift
Volume 38
Issue 3/150
Pages 80-91
ISSN 0105-1121
Publication year 2015
Published at Department of Law
Pages 80-91
Language en
Keywords Agamben, biopolitics, sovereignty, procedural law, surveillance, human rights, state of exception
Subject categories Public law, Procedural law

Abstract

The Swedish Defence Intelligence Court has been instituted to safeguard privacy, legality and human rights. The Court has been granted major exceptions from normal procedural rules. Principles on communication, right to an attorney and public hearing are in force, but always suspended. The author suggests that these suspensions can be read as concrete realisations of Agamben's notion of the state of exception. In this exception we are all held in a sovereign ban, in a virtual camp. This means that the promises of rights protection and legality cannot be fulfilled. The protection of rights ironically functions as a strengthening of the state's surveillance. The article asks whether this development instead of curtailing the surveillance activity, rather strengthens it and thereby puts the relationship between sovereignty and values of Western democracy into question.

Page Manager: Webmaster|Last update: 9/11/2012
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