Under Exception, Issue 10
It's closer than you think...
April 13, 2026
Dear Readers,
This issue centers on the expanding role of emergency powers across multiple domains of governance, from active conflict zones to established constitutional systems. Developments tied to the ongoing US/Israel–Iran war illustrate how crisis conditions can accelerate institutional change, while parallel dynamics in the United States and Europe show how similar logics are taking shape outside of formally declared emergencies.
Across these contexts, a consistent pattern emerges: exceptional authority is increasingly embedded through repetition, legal adaptation, and administrative practice. Whether through legislative processes under reduced scrutiny, executive interpretation of statutory limits, or the gradual weakening of oversight mechanisms, the practical boundaries of governance continue to shift.
At the same time, the materials in this issue highlight the importance of legal frameworks, historical experience, and scholarly analysis in understanding these developments. Together, they point to a central ISSE concern: the evolution of emergency power is often incremental, shaping governance not only in moments of crisis, but in the structures that persist long after.
Ed Bogan
Founder, Institute for the Study of States of Exception
ISSE Announcements
Upcoming ISSE Office Hours (April 17, 11:00 a.m. Eastern): We are pleased to announce our next “Office Hours” conversation will be led by our very own ISSE Senior Fellows Dr. Sam Mace and Paul Shaya, and will focus on the evolving use of emergency powers in the Middle East in light of the ongoing war. The discussion will examine dynamics across Israel, Jordan, and Lebanon, drawn from recent ISSE analysis, while also considering additional country-specific, regional, and global ripple effects, emanating from the current conflict. We expect this to be a timely and wide-ranging conversation and look forward to engaging our community on all of the latest developments.
Global Events
A curated selection of recent developments involving emergency powers and constitutional governance.
US Allies in the Middle East Use Emergency Powers During Iran Conflict (Paul Shaya, Senior Fellow, ISSE, April 2026). This article examines how the US/Israel–Iran war is reshaping governance across the Middle East through the expanded use of emergency powers in Israel, Jordan, and Lebanon. It shows how each country is leveraging crisis conditions to pursue political and institutional changes, from reduced legislative scrutiny in Israel to tightened civic restrictions in Jordan and efforts to reassert state authority in Lebanon. Together, the cases highlight how emergency environments can enable lasting shifts in governance that extend well beyond immediate security needs.
Hungary’s Election as Baseline: Tracking a System of Embedded Exceptionality (ISSE Analysis, April 2026). This article examines Hungary’s 2026 election as a test case for a political system shaped by the sustained integration of emergency powers under Viktor Orbán. Drawing on the concept of “exceptionality,” it shows how authorities expanded during successive crises have persisted and become embedded within ordinary governance. The analysis highlights how electoral processes continue within a reconfigured legal and political environment, offering insight into how such systems function and evolve over time.
U.S. Impeachment Filing Highlights Emergency Powers as a Core Constitutional Concern in the United States (ISSE Analysis, April 2026). This article examines a new impeachment filing that places emergency powers at the center of a constitutional dispute over executive authority. It analyzes allegations that such authorities have been used to bypass congressional processes and expand presidential reach, with particular focus on their practical invocation and application. The piece situates these claims within the broader framework of U.S. emergency powers law, assessing their implications for institutional balance.
Emergency by Presidential Memorandum: Appropriations Flexibility Under Shutdown Conditions - ISSE Explainer (ISSE Analysis, April 2026). This article analyzes two recent White House memoranda issued during the DHS shutdown that rely on a “reasonable and logical nexus” standard to justify compensating employees under existing appropriations law. It shows how the directives operate at the boundary of statutory limits, using emergency framing to expand interpretive flexibility without formally invoking emergency powers or overriding legal constraints. The piece highlights how this form of constrained executive improvisation may, if repeated, gradually reshape the practical operation of appropriations law by normalizing emergency-inflected interpretation during periods of political deadlock.
United States: NYC Bar Report Raises Alarm Over Expanding Executive Power and Eroding Constraints (ISSE Analysis, April 2026). This article analyzes a March 2026 report by the New York City Bar Association, which finds that executive overreach in the United States has evolved from episodic boundary-testing into a structured pattern of governance. It highlights how coercive state actions increasingly replicate the functional attributes of emergency power (such as speed, opacity, and reduced safeguards) without formal invocation, while institutional constraints from courts and Congress weaken unevenly. The report underscores a broader ISSE concern: the emergence of undeclared exceptionalism, where emergency-style practices become embedded in ordinary governance, gradually reshaping the meaning and application of legal limits.
Additional Resources
Selected commentary and analysis relevant to the evolving law of emergency powers.
Three Hundred Habeas Cases in Which the (U.S.) Government Has Defied Court Orders - Lawfare (ISSE Analysis, April 2026). This article analyzes a Lawfare-compiled dataset of more than 300 U.S. immigration habeas cases, revealing recurring patterns of delayed compliance with court orders, including unauthorized transfers and prolonged detention. While courts ultimately secure adherence to legal rulings, the findings show that enforcement often requires repeated judicial intervention, placing strain on oversight mechanisms. The analysis highlights how prolonged reliance on emergency authorities can reshape the practical operation of legality, raising concerns about the normalization of partial or delayed compliance within routine governance.
Academic Literature
Recent scholarship examining the theory and practice of emergency governance.
Constitutionalism and war: from martial law to “peace” through a transitional period (Maksym Bondar, NaUKMA Research Papers. Law, March 2026). This paper examines how constitutionalism adapts under extraordinary conditions such as martial law, using Ukraine as a central case for understanding governance during and after crisis. It argues that constitutional systems retain their core identity, even as the relative weight of principles shifts toward public safety and state stability, allowing for proportionate restrictions on rights. The piece proposes a transitional legal regime between emergency rule and peacetime governance as a structured pathway for restoring constitutional normalcy after crisis.
A Case Against Mass Deportation: The Japanese American Internment Camps and Recent Treatment of Korematsu (Isaac Bloch, UC Law Journal, April 2026). This paper examines how courts have engaged with Korematsu v. United States in the context of contemporary immigration enforcement, particularly following its repudiation in Trump v. Hawaii. It explores how the legacy of Japanese American internment informs current legal debates, highlighting parallels in rhetoric and the expansion of executive authority over non-citizens. The analysis highlights the role of negative precedent in reinforcing due process protections and calls for heightened judicial scrutiny of emergency powers in immigration contexts.
Medical populism and local governments during the COVID-19 pandemic (Gideon Lasco, Ainsley Kenzo Tai Co, Harold Ivan Sy Hui, and Vincen Gregory Yu, Discover Public Health, March 2026). This paper examines how subnational political actors in the Philippines deployed “medical populism” during the COVID-19 pandemic to assert authority and challenge national policies. Case studies show how crisis conditions were leveraged to advance competing knowledge claims and reshape public discourse. The analysis highlights how emergency contexts can amplify political fragmentation, enabling local actors to influence governance and public health responses alongside, or in opposition to, central authorities.
The Impact of Exceptional Governance Measures on Democracy and Legal System (Attila Antal, ELTE Law Journal, July 2025). This paper explores the theoretical and historical foundations of exceptional power, focusing on how executive authority expands during periods of crisis within constitutional democracies. It traces the evolution of ideas surrounding constitutional dictatorship and argues that modern governance has increasingly adopted a permanent crisis-management orientation. The analysis raises concerns about the impact of exceptional governance on democratic systems and examines potential mechanisms for constraining executive overreach in states of exception.
About ISSE
The Institute for the Study of States of Exception tracks and analyzes the use and misuse of emergency powers around the world, providing research and analysis on how exceptional authority shapes modern governance.