Constitution and Necessity in Times of Crisis: An Alternative Way of Understanding the Complicated Relation between Law and Politics

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EURPOL_2_2015_Karavokyris.pdf

EURPOL_2_2015_Karavokyris.pdf

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Constitution and Necessity in Times of Crisis:
An Alternative Way of Understanding the Complicated Relation between Law and Politics

George Karavokyris
Αdjunct Lecturer, Department of Law, Democritus University of Thrace


When we consider the complicated relationship between politics and the law we usually emphasize either the will of the politics or the rationality of the law. Nevertheless, this general idea is suspect, on both epistemic and methodological grounds, and should be revised or attenuated. More specifically, the function of the law during the financial crisis in Greece points to an alternative and more sophisticated way of understanding the relationship between law and politics. A critical reading of the legal aspects of the crisis through the lense of the notion of necessity, a word of the ordinary language (standard) which signifies the legal rule, constitutes an important step towards capturing the impact of economy/politics on the law and vice versa.