The COVID-19 emergency in the age of executive aggrandizement: what role for legislative and judicial checks?
|Year of publication||2020|
|Type||Article in Periodical|
|Magazine / Source||The Theory and Practice of Legislation|
|MU Faculty or unit|
|Web||Open access časopisu|
|Keywords||COVID-19; coronavirus; state of emergency; democratic decay; democratic backsliding; separation of powers; checks and balances; parliaments; judicial review; Czech Republic|
|Description||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.|