Rule Of Law And The Challenges Posed By The Pandemic
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Rule Of Law And The Challenges Posed By The Pandemic
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Author : Rainer Arnold
language : en
Publisher: Springer Nature
Release Date : 2023-11-22
Rule Of Law And The Challenges Posed By The Pandemic written by Rainer Arnold and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-22 with Law categories.
The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
Routledge Handbook Of Law And The Covid 19 Pandemic
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Author : Joelle Grogan
language : en
Publisher: Routledge
Release Date : 2022-05-16
Routledge Handbook Of Law And The Covid 19 Pandemic written by Joelle Grogan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-16 with Law categories.
The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 – and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.
Democracy After Covid
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Author : Kostas Chrysogonos
language : en
Publisher: Springer Nature
Release Date : 2022-10-14
Democracy After Covid written by Kostas Chrysogonos and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-14 with Law categories.
This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has enabled far-reaching restrictions on essential human rights, such as freedom of movement, freedom of religion or even major political rights, while giving rise to the ‘administrative state.’ This edited volume explores each of these pressing themes in this exceptional context and evaluates different liberal states’ responses to the pandemic. Were these responses reasonable, effective and democratic? Or is the COVID-19 pandemic just the beginning of a new era of global democratic backsliding? How can liberal democracies manage similar crises in future? What lessons have we learned? The institutional knowledge gained turns out to be the key for the future of the rule of law.
Covid 19 Law Regulation
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Author : Belinda Bennett
language : en
Publisher: Oxford University Press
Release Date : 2022-12-21
Covid 19 Law Regulation written by Belinda Bennett and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-21 with Law categories.
COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time. The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic. The book considers how COVID-19 impacted the operation of the criminal justice system, civil litigation concerning negligently caused deaths and business losses arising from contractual breaches, consumer protection litigation, disciplinary regulation of health practitioners, coronial inquests and other investigations of unexpected deaths, and occupational health and safety issues. The book reflects on the role of the law in facilitating the remarkable scientific and epidemiological achievements during the pandemic, but also the challenges of ensuring the swift production and equitable distribution of treatments and vaccines. It concludes by considering the possibilities that the legal and regulatory responses to this pandemic have illuminated for effectively tackling future global health crises.
Pandemic Legalities
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Author : Cowan, Dave
language : en
Publisher: Policy Press
Release Date : 2021-07-29
Pandemic Legalities written by Cowan, Dave and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-29 with Law categories.
The effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.
Covid 19 And Business Law
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Author : Adnan Trakic
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2021-09-07
Covid 19 And Business Law written by Adnan Trakic and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-07 with Business & Economics categories.
The COVID-19 pandemic has had extraordinary effects on human lives and economies around the world. Many countries have introduced various measures to stop the spread of the virus and preserve human lives and livelihoods. Some commentators have considered these measures extreme, such as the restrictions imposed on people’s movement and lockdown of countries’ borders. While these measures have undoubtedly saved lives and curbed the spread of the deadly virus, they have also produced some unintended legal implications for individuals and businesses, particularly in the areas of contractual obligations, employment relationships, tourism and hospitality, company law, competition law, human rights and the rule of law, protection of vulnerable groups like migrant workers, and access to judicial and legal services. COVID-19 and Business Law: Legal Implications of a Global Pandemic identifies and discusses specific legal challenges caused by the COVID-19 pandemic in these areas and suggests possible ways in which they could be remedied.
The Court Of Justice Of The European Union
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Author : Kate Shaw
language : en
Publisher: BRILL
Release Date : 2022-12-19
The Court Of Justice Of The European Union written by Kate Shaw and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-19 with Law categories.
In an era of Covid 19, The Court of Justice of the European Union explores how the CJEU can realise its role as guardian of the EU’s rule of law and its aftermath through the anchoring of a structured rule of law review of the public health derogation.
Eu Law In Times Of Pandemic
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Author : Dolores Utrilla
language : en
Publisher:
Release Date : 2021
Eu Law In Times Of Pandemic written by Dolores Utrilla and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
This volume provides a comprehensive overview of the inherent tensions, weaknesses, and strengths of the European Union as a political, legal, economic, and social actor in times of ground-breaking disruption. structured into 7 thematic parts, with 35 chapters in total, brought together by an introductory chapter: Part I explores the impact of the COVID-19 crisis on EU institutional law, focusing primarily on the cha- llenges posed by the pandemic to the core principles of solidarity and rule of law, as well as to the functioning of EU institutions, agencies, and bodies. Part II is devoted to COVID-19 legal challenges in the ?eld of democracy and human rights, with a particular emphasis on migration and data protection issues. Part III assesses the EUs legal response to the pande- mic in the area of health and risk regulation, tackling, inter alia, the role of the precautionary principle in times of scienti?c uncertainty and several issues rela- ting to the legal framework on vaccines. Part IV addresses the delicate legal implications of the ongoing crisis in the ?eld of banking, ?nance, and euro governance. Part V deals with internal market law and the pro- found alterations it is being subjected to in a context of massive pandemic-induced restrictions to free move- ment, mostly (but not only) concerning the free move- ment of persons. Part VI explores the role performed by, and the cha- llenges posed to, EU competition and State aid law during the COVID-19 pandemic. Part VII provides an overview of the main legal impli- cations of the ongoing crisis for the functioning of the EU judiciary, conceived as the ultimate guarantor of the rule of law a function of paramount importance, especially in times of truly large-scale restrictions of rights and of unprecedented disruptions of the pre- established legal framework. -- Editor.
Constitutional Resilience And The Covid 19 Pandemic
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Author : Ebenezer Durojaye
language : en
Publisher: Springer Nature
Release Date : 2022-11-17
Constitutional Resilience And The Covid 19 Pandemic written by Ebenezer Durojaye and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-17 with Political Science categories.
This book explores the resilience of constitutional government in the wake of the COVID-19 pandemic, connecting and comparing perspectives from ten countries in sub-Saharan Africa to global trends. In emergency situations, such as the COVID-19 pandemic, a state has the right and duty under both international law and domestic constitutional law to take appropriate steps to protect the health and security of its population. Emergency regimes may allow for the suspension or limitation of normal constitutional government and even human rights. Those measures are not a license for authoritarian rule, but they must conform to legal standards of necessity, reasonableness, and proportionality that limit state action in ways appropriate to the maintenance of the rule of law in the context of a public health emergency. Bringing together established and emerging African scholars from ten countries, this book looks at the impact government emergency responses to the pandemic have on the functions of the executive, the legislature, and the judiciary, as well as the protection of human rights. It also considers whether and to what extent government emergency responses were consistent with international human rights law, in particular with the standards of legality, necessity, proportionality, and non-discrimination in the Siracusa Principles.
Freedom V Risk Social Control And The Idea Of Law In The Covid 19 Emergency
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Author : SIMONI ALESSANDRO
language : en
Publisher: G Giappichelli Editore
Release Date : 2022-06-28
Freedom V Risk Social Control And The Idea Of Law In The Covid 19 Emergency written by SIMONI ALESSANDRO and has been published by G Giappichelli Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-28 with Law categories.
Il volume Freedom v. Risk. Social Control and the Idea of Law in the Covid-19 Emergency offre a studiosi e pratici uno sguardo d’insieme sulle misure normative adottate in Italia e in numerosi Paesi europei ed extraeuropei nella prima fase del contrasto alla diffusione del contagio da Covid-19. Gli scritti raccolti analizzano da varie angolature il delicato intreccio fra finalità di contenimento del contagio e compressione emergenziale dei diritti individuali e collettivi sullo sfondo dello Stato di diritto. Freedom v. Risk sistematizza i contributi presentati all’omonimo seminario organizzato nel giugno 2020 dal Dipartimento di Scienze Giuridiche dell’Università di Firenze, con l’obiettivo di comparare le principali criticità emerse durante i primi mesi della pandemia e, a due anni dal suo inizio, di riflettere sulla difficoltà di mantenere una tutela minima dei diritti fondamentali a fronte dell’incertezza e dei rischi legati alla gestione di un’emergenza in costante evoluzione. ______________ Freedom v. Risk. Social control and the idea of law in the Covid-19 emergency offers scholars and practitioners an overview of the emergency regulatory measures adopted in Italy and in selected other European and non-European countries during the early stages of the Covid-19 pandemic. This collection of essays provides different perspectives on the sensitive interconnectedness between the aim of containing contagion and the emergency limitations imposed to individual and collective rights against the backdrop of the rule of law. Freedom v. Risk systematises the contributions presented at a seminar on the same topic organised in June 2020 by the Department of Legal Sciences of the University of Florence. The volume compares the main criticalities that emerged during the first months of the pandemic and, two years after its inception, reflects on the difficulties of ensuring minimum protection to fundamental rights while facing the uncertainty and risks associated with the management of an ever-evolving emergency.