Constitutional Resilience And The Covid 19 Pandemic

Author : Ebenezer Durojaye
Publisher : Springer Nature
ISBN 13 : 3031064011
Total Pages : 411 pages
Book Rating : 4.12/5 ( download)

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Download or read book Constitutional Resilience and the COVID-19 Pandemic written by Ebenezer Durojaye and published by Springer Nature. This book was released on 2022-11-17 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Arjen Boin
Publisher : Springer Nature
ISBN 13 : 3030726800
Total Pages : 137 pages
Book Rating : 4.05/5 ( download)

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Download or read book Governing the Pandemic written by Arjen Boin and published by Springer Nature. This book was released on 2021-05-10 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Wendy Parmet
Publisher : Cambridge University Press
ISBN 13 : 1009098330
Total Pages : 249 pages
Book Rating : 4.35/5 ( download)

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Download or read book Constitutional Contagion written by Wendy Parmet and published by Cambridge University Press. This book was released on 2023-05-31 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary book examines how the US courts helped create the conditions that made the COVID-19 pandemic so deadly.

Author : Nico Steytler
Publisher : Routledge
ISBN 13 : 1000471365
Total Pages : 427 pages
Book Rating : 4.66/5 ( download)

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Download or read book Comparative Federalism and Covid-19 written by Nico Steytler and published by Routledge. This book was released on 2021-10-27 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Richard Albert
Publisher : Springer Nature
ISBN 13 : 3030490009
Total Pages : 445 pages
Book Rating : 4.03/5 ( download)

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Download or read book Constitutionalism Under Extreme Conditions written by Richard Albert and published by Springer Nature. This book was released on 2020-09-24 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : LIT Verlag
Publisher : LIT Verlag
ISBN 13 : 3643963513
Total Pages : 300 pages
Book Rating : 4.12/5 ( download)

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Download or read book Governing the Crisis: Law, Human Rights and COVID-19 written by LIT Verlag and published by LIT Verlag. This book was released on 2021-01-04 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Morris P. Fiorina
Publisher :
ISBN 13 : 9780817925253
Total Pages : 0 pages
Book Rating : 4.52/5 ( download)

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Download or read book Who Governs?: Emergency Powers in the Time of Covid written by Morris P. Fiorina and published by . This book was released on 2023-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a democracy, the legitimacy of authority derives from the consent of the governed. Constitutions or long-standing norms typically impose constraints on government authority, but under extraordinary circumstances--emergencies--normal and procedural standards can be overridden or suspended. Such was the case when the COVID-19 pandemic erupted in the spring of 2020. This book describes the emergency powers that existed in the American states at the start of the pandemic; shows how such powers were implemented; examines how courts, legislatures, and public opinion responded to the use of emergency powers; and considers the resulting tensions they exert on democratic governance. Contributors provide a background on the legal justification for emergency powers and offer summaries of the executive orders that were in effect as of mid-2020 across the United States and its territories, with special attention paid to California and Texas. They also review public attitudes about the dangers of the coronavirus and appropriate responses to it, and raise further questions about emergency powers and democratic governance--questions that deserve serious consideration before the next emergency prompts another exercise of such powers.

Author : Richard Albert
Publisher : Springer
ISBN 13 : 9783030490027
Total Pages : 452 pages
Book Rating : 4.25/5 ( download)

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Download or read book Constitutionalism Under Extreme Conditions written by Richard Albert and published by Springer. This book was released on 2021-09-25 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Danielle Allen
Publisher : University of Chicago Press
ISBN 13 : 0226815625
Total Pages : 134 pages
Book Rating : 4.26/5 ( download)

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Download or read book Democracy in the Time of Coronavirus written by Danielle Allen and published by University of Chicago Press. This book was released on 2022-02-16 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy in crisis -- Pandemic resilience -- Federalism is an asset -- A transformed peace: an agenda for healing our social contract.

Author : Miguel Poiares Maduro
Publisher : Cambridge University Press
ISBN 13 : 1108845363
Total Pages : 219 pages
Book Rating : 4.66/5 ( download)

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Download or read book Democracy in Times of Pandemic written by Miguel Poiares Maduro and published by Cambridge University Press. This book was released on 2020-11-12 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the most important democratic challenges of today, using the Covid-19 pandemic as a case study.