Legal Indicators of Overreach in Emergency Decrees: A Case Study of Three States
Keywords:
Emergency decrees, legal overreach, democratic backsliding, qualitative research, Iran, human rights, emergency governance, civil libertiesAbstract
This study aims to identify and analyze the legal indicators of overreach embedded in emergency decrees through the perspectives of legal professionals and civil society actors in Tehran. This research employed a qualitative case study design using semi-structured interviews with 29 purposively selected participants, including legal scholars, civil society advocates, journalists, and former public officials residing in Tehran. Data collection continued until theoretical saturation was achieved. All interviews were transcribed and analyzed thematically using NVivo software, following open, axial, and selective coding procedures to extract recurrent patterns and build a grounded typology of legal overreach. Thematic analysis revealed three core categories of legal overreach: (1) Procedural Violations, including lack of legislative oversight, the use of vague legal language, and indefinite extensions of emergency powers; (2) Rights Erosion Mechanisms, encompassing suppression of dissent, discriminatory enforcement, mass surveillance, arbitrary detentions, and restrictions on freedom of movement and expression; and (3) Structural Democratic Backsliding, characterized by executive aggrandizement, weakening of institutional checks, shrinking civil society space, and manipulation of electoral processes. Participants emphasized how emergency powers were normalized and strategically deployed, often beyond their initial scope, in ways that undermined legal accountability and democratic safeguards. Emergency decrees, though intended for crisis governance, are frequently manipulated to entrench executive authority, bypass institutional checks, and erode civil liberties. The Iranian case reflects broader global patterns where emergency governance becomes a vehicle for legal and political overreach. Identifying these indicators is crucial for informing constitutional safeguards, institutional reforms, and civil society resistance against the normalization of states of exception.
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References
Agamben, G. (2005). State of Exception. University of Chicago Press.
Bánkuti, M., Halmai, G., & Scheppele, K. L. (2012). Disabling the Constitution. Journal of Democracy, 23(3), 138–146. https://doi.org/10.1353/jod.2012.0046
Bjørnskov, C., & Voigt, S. (2020). This time is different?—On the use of emergency measures during the Corona pandemic. European Journal of Law and Economics, 49(3), 283–308. https://doi.org/10.1007/s10657-020-09656-0
Ferejohn, J., & Pasquino, P. (2004). The law of the exception: A typology of emergency powers. International Journal of Constitutional Law, 2(2), 210–239. https://doi.org/10.1093/icon/2.2.210
Ginsburg, T., & Versteeg, M. (2021). How to Save a Constitutional Democracy. University of Chicago Press.
Grimm, D., Marauhn, T., & Wendel, M. (2021). Human Rights in Times of Emergency: Responses to the COVID-19 Pandemic. Springer.
Keshavarzian, A. (2009). Regime Loyalty and Bureaucratic Control: Explaining the Decline of Administrative Capacity in Post-Revolutionary Iran. Comparative Studies of South Asia, Africa and the Middle East, 29(1), 91–109. https://doi.org/10.1215/1089201X-2008-057
Kuris, G. (2017). Turkey’s anti-corruption crackdown post-2016 coup. U4 Anti-Corruption Resource Centre. https://www.u4.no/publications/turkeys-anti-corruption-crackdown-post-2016-coup
Sadurski, W. (2018). How Democracy Dies (in Poland): A Case Study of Anti-Constitutional Populist Backsliding. Sydney Law School Research Paper No. 18/01. https://doi.org/10.2139/ssrn.3103491
Scheppele, K. L. (2020). Autocratic Legalism. The University of Chicago Law Review, 85(2), 545–583.
Tushnet, M. (2007). Emergency powers and constitutional theory. In V. Ramraj et al. (Eds.), Global Anti-Terrorism Law and Policy (pp. 70–86). Cambridge University Press.
UNHCR. (1984). The Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights. United Nations Economic and Social Council.
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