The COVID-19 emergency in the age of executive aggrandizement

PETROV, Jan. The COVID-19 emergency in the age of executive aggrandizement. In Bingham Centre for the Rule of Law: Global Legislative Responses to Coronavirus webinar. 2020.

Basic information

• Original name: The COVID-19 emergency in the age of executive aggrandizement
• Authors: PETROV, Jan (203 Czech Republic, guarantor, belonging to the institution).
• Edition: Bingham Centre for the Rule of Law: Global Legislative Responses to Coronavirus webinar, 2020.

Other information

• Original language: English
• Type of outcome: Presentations at conferences
• Field of Study: 50501 Law
• Country of publisher: United Kingdom of Great Britain and Northern Ireland
• Confidentiality degree: is not subject to a state or trade secret
• WWW: URL
• RIV identification code: RIV/00216224:14220/20:00116047
• Organization unit: Faculty of Law
• Keywords in English: coronavirus; covid-19; separation of powers; checks and balances; state of emergency; democratic backsliding

Abstract

Extraordinary limitation of certain fundamental rights seems necessary in fighting the COVID-19 pandemic. Many countries have declared a state of emergency for that purpose. Yet, there is also a risk of misusing the emergency for power grabbing, especially in the current era of executive aggrandizement, democratic decay and abusive populist constitutionalism. In this setting the legislative and judicial checks on the executive create a dilemma. Their standard operation in the state of emergency could control the executive, but might also impair its capacity to fight the pandemic effectively. This article therefore focuses on the desired role of the legislature and the judiciary in COVID-19 emergencies.

Links

• 46943, interní kód MU: Name: JUDI-ARCH - The Rise of Judicial Self-Government in Europe: Changing the Architecture of Separation of Powers without an Architect (Acronym: JUDI-ARCH)

Investor: European Union, ERC (Excellent Science)