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The Janos States, the two sides of the constitutional states: a characterisation of normality and legal exceptionality based on the doctrine of cautilt


English, Spanish, French



This article seeks to understand the way in which the process of transforming the constitutional states into Janos states, that is to say states that guarantee rights and freedoms while at the same time suppressing and practising violence against the population, as is the case with the Colombian State. It also analyses how indiscriminate use of the state of emergency influences States’ repressive drift. In this regard, this article seeks to establish the nature of the Janos States and their relationship with the state of emergency. In order to respond, a characterisation of normality and legal exceptionality is drawn up on the basis of the eddy current theory. In the end, it is established that the legal normality of the Janos States is altered by a reduction of the freedoms to the interior of the relations of power corresponding to the process of derogation from the law.

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