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.

This interdisciplinary book examines how the US courts helped create the conditions that made the COVID-19 pandemic so deadly.

This open access book offers unique insights into how governments and governing systems, particularly in advanced economies, have responded to the immense challenges of managing the coronavirus pandemic and the ensuing disease COVID-19. Written by three eminent scholars in the field of the politics and policy of crisis management, it offers a unique ‘bird’s eye’ view of the immense logistical and political challenges of addressing a worst-case scenario that would prove the ultimate stress test for societies, governments, governing institutions and political leaders. It examines how governments and governing systems have (i) made sense of emerging transboundary threats that have spilled across health, economic, political and social systems (ii) mobilised systems of governance and often fearful and sceptical citizens (iii) crafted narratives amid high uncertainty about the virus and its impact and (iv) are working towards closure and a return to ‘normal’ when things can never quite be the same again. The book also offers the building blocks of pathways to future resilience. Succeeding and failing in all these realms is tied in with governance structures, experts, trust, leadership capabilities and political ideologies. The book appeals to anyone seeking to understand ‘what’s going on?’, but particularly academics and students across multiple disciplines, journalists, public officials, politicians, non-governmental organisations and citizen groups.

This comprehensive scholarly book on comparative federalism and the Covid-19 pandemic is written by some of the world’s leading federal scholars and national experts. The Covid-19 pandemic presented an unprecedented emergency for countries worldwide, including all those with a federal or hybrid-federal system of government, which account for more than 40 per cent of the world’s population. With case studies from 19 federal countries, this book explores the core elements of federalism that came to the fore in combatting the pandemic: the division of responsibilities (disaster management, health care, social welfare, and education), the need for centralisation, and intergovernmental relations and cooperation. As the pandemic struck federal countries at roughly the same time, it provided a unique opportunity for comparative research on the question of how the various federal systems responded. The authors adopt a multidisciplinary approach to question whether federalism has been a help or a hindrance in tackling the pandemic. The value of the book lies in understanding how the Covid-19 pandemic affected federal dynamics and how it may have changed them, as well as providing useful lessons for how to combat such pandemics in federal countries in the future. This book will be of great interest to students and scholars of politics and international relations, comparative federalism, health care, and disaster management. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

From a leading political thinker, this book is both an invaluable playbook for meeting our current moment and a stirring reflection on the future of democracy itself. The COVID-19 pandemic has demonstrated some of the strengths of our society, including the rapid development of vaccines. But the pandemic has also exposed its glaring weaknesses, such as the failure of our government to develop and quickly implement strategies for tracing and containing outbreaks as well as widespread public distrust of government prompted by often confusing and conflicting choices—to mask, or not to mask. Even worse is that over half a million deaths and the extensive economic devastation could have been avoided if the government had been prepared to undertake comprehensive, contextually-sensitive policies to stop the spread of the disease. In Democracy in the Time of Coronavirus, leading political thinker Danielle Allen untangles the US government’s COVID-19 victories and failures to offer a plan for creating a more resilient democratic polity—one that can better respond to both the present pandemic and future crises. Looking to history, Allen also identifies the challenges faced by democracies in other times that required strong government action. In an analysis spanning from ancient Greece to the Reconstruction Amendments and the present day, Allen argues for the relative effectiveness of collaborative federalism over authoritarian compulsion and for the unifying power of a common cause. But for democracy to endure, we—as participatory citizens—must commit to that cause: a just and equal social contract and support for good governance.

Governing the Crisis: Law, Human Rights and COVID-19 is a collection of essays by an interdisciplinary group of experts from around the world who look at different human rights issues which have emerged as relevant during the COVID-19 pandemic. The topics cover a range of issues in different countries, for example, tracing apps, digitalization, privacy, priority setting in health care, refugees, cruise ships or risks faced by children. Other chapters investigate the specific government responses in a number of countries. In addition, topics of wider legal interest are investigated, such as the role of constitutional courts, federalism and the concept of the state of emergency. Prof. Dr. Stefan Kirchner, MJI, is Research Professor of Arctic Law and the head of the Arctic Governance Research Group at the Arctic Centre of the University of Lapland in Rovaniemi, Finland.

This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.