期刊
GERMAN LAW JOURNAL
卷 -, 期 -, 页码 -出版社
CAMBRIDGE UNIV PRESS
DOI: 10.1017/glj.2023.116
关键词
Pandemic; Comparative Constitutional Law; Horizontal Separation of Powers; Vertical Separation of Powers; Constitutional Review; Human Rights and Personal Freedoms; Emergency Powers
类别
This article analyzes the permanent changes brought by the legal reactions to COVID-19 in three main areas of comparative constitutional law. It discusses the political, institutional, factual, and cultural rationales behind these changes.
In this Article we analyze whether and how the legal reactions to COVID-19 brought permanent changes to three main areas that are at the very basis of the study of comparative constitutional law: the horizontal separation of powers in different forms of government; the vertical separation of powers and its effects on forms of state; and the reviewability of limitations to human rights and personal freedoms by bodies exercising constitutional review. Rather than just examining and categorizing the reactions, we search for the political, institutional, factual, and sometimes even cultural rationales at the basis of each trend. Our claim is that COVID-19 was a driving force for relevant changes in the three analyzed areas, but we also recognize that these changes did not come out of the blue, as they were already latent in considered legal systems. The analysis demonstrates that the traditional categories we use to classify the forms of government, forms of state, and the mechanisms of constitutional review, although being useful paradigms to study these topics, have in themselves the potential to be stretched, and even unhinged, when global and long-lasting emergencies, as COVID-19, are in place.
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