The " New Homo Sacer", a Study of the State of Emergency in Turkey on the Basis of Agamben and Schmitt's Theory

After the occurrence of military coup in Turkey in July 2016 the president declared emergency situation. Emergency situation is the unbalanced situation between public law and political implication. Schmitt and Agamben as the theorist of state of emergency in the legal system have a different view about the situation. Schmitt believes that emergency situation is a paradoxical situation in which the ruler is outside the legal order and has the monopoly to take final decision. On the other hand Agamben also believes that emergency situation leads to exclusion of a number of citizens of their rights and putting them out of the legal order and this leads to more subjugation of the citizens. The article makes use of the theory of Schmitt and Agamben to explain the situation in Turkey. The main question raised is “What is the state of emergency in Turkish constitution?” Whether the Schmitt and Agamben theory can explain the coup and post-coup measures in the direction of increasing the power of government? The finding of the study shows that the coup in Turkey has become a tool for suppressing the opposition groups and it is meant to increase the power of the president. A measure which results to take away the rights of Turkish citizens; and dominating the political life of the country.