We found a match
Your institution may have rights to this item. Sign in to continue.
- Title
THE STATE IN EMERGENCY SITUATIONS: AN UNCERTAIN LEGAL FRAMEWORK COMPRISED OF FRAGMENTS, AND AN ASYMMETRICAL BALANCE OF POWERS.
- Authors
DE LA SIERRA, SUSANA
- Abstract
In this paper it is argued that legal orders were (in general) not prepared to deal with the pandemic we are still living through. Countries reacted on the basis of a composite of norms, and not necessarily a homogeneous and coherent one. In some cases, there were specific norms devoted to this type of situation, whereas in many others a general law of exception or of extraordinary powers was used as the legal framework for taking measures. As time has been passing, several different phases in the fight against the pandemic have followed one another and each of them was inspired by different principles, public goods and needs. Also, the role of State powers varies, and it is for lawyers to try and design a valid framework, which could be a useful tool for other health emergencies to come.
- Subjects
BALANCE of power; POWER (Social sciences); CONSTITUTIONALISM; POLITICAL doctrines; SOCIOECONOMICS
- Publication
European Review of Public Law, 2022, Vol 34, Issue 1, p41
- ISSN
1105-1590
- Publication type
Article