States of emergency: analysing global use of emergency powers in response to COVID-19

Grogan, Joelle ORCID: https://orcid.org/0000-0003-3666-256X (2020) States of emergency: analysing global use of emergency powers in response to COVID-19. European Journal of Law Reform . ISSN 1387-2370 [Article] (Accepted/In press)

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Abstract

The measures taken in response to the coronavirus pandemic have been among the most restrictive in contemporary history, and has raised concerns from the perspective of democracy, human rights, and the rule of law. Building on a study of the legal measures taken in response to pandemic in 74 countries, this article considers the central question of the use of power during an emergency: is it better or worse for democracy and the rule of law to declare an emergency or, instead, to rely on ordinary powers and legislative frameworks? The article then considers whether the use of powers (ordinary or emergency) in response to the pandemic emergency has ultimately been a cause, or catalyst of, further democratic deconsolidation. It concludes on a note of optimism: an emerging best practice of governmental response reliant on public trust bolstered by rationalized and transparent decision-making and the capacity to adapt, change and reform measures and policies.

Item Type: Article
Research Areas: A. > School of Law
Item ID: 31840
Useful Links:
Depositing User: Joelle Grogan
Date Deposited: 18 Jan 2021 10:25
Last Modified: 09 Jun 2021 14:55
URI: https://eprints.mdx.ac.uk/id/eprint/31840

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