The COVID-19 emergency in the age of executive aggrandizement: what role for legislative and judicial checks?

PETROV, Jan. The COVID-19 emergency in the age of executive aggrandizement: what role for legislative and judicial checks? The Theory and Practice of Legislation. 2020, vol. 8, 1-2, p. 71-92. ISSN 2050-8840. Available from: https://dx.doi.org/10.1080/20508840.2020.1788232.

Basic information

• Original name: The COVID-19 emergency in the age of executive aggrandizement: what role for legislative and judicial checks?
• Authors: PETROV, Jan (203 Czech Republic, guarantor, belonging to the institution).
• Edition: The Theory and Practice of Legislation, 2020, 2050-8840.

Other information

• Original language: English
• Type of outcome: Article in a journal
• 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: Open access časopisu
• RIV identification code: RIV/00216224:14220/20:00120729
• Organization unit: Faculty of Law
• Doi: http://dx.doi.org/10.1080/20508840.2020.1788232
• UT WoS: 000616381000005
• Keywords in English: COVID-19; coronavirus; state of emergency; democratic decay; democratic backsliding; separation of powers; checks and balances; parliaments; judicial review; Czech Republic
• Tags: rivok
• Tags: International impact, Reviewed

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)