This article examines the role of constitutional courts in times of emergency from a comparative perspective. In particular, it aims at understanding if, how and to what extent these bodies can place effective checks on the executive branch, thus contributing to protecting against the abuse of emergency powers. The article discusses the constitutional courts’ review of the declaration and extension of the state of emergency, as well as the review of the emergency measures adopted by state authorities during periods of crisis, with a focus on the COVID-19 pandemic. The article suggests that constitutional courts can represent an important bulwark for the defence of the principles of constitutionalism in times of emergency.
Estados de emergencia y crisis pandémica: algunas reflexiones sobre el papel de los tribunales constitucionales
Francesco Biagi
2021
Abstract
This article examines the role of constitutional courts in times of emergency from a comparative perspective. In particular, it aims at understanding if, how and to what extent these bodies can place effective checks on the executive branch, thus contributing to protecting against the abuse of emergency powers. The article discusses the constitutional courts’ review of the declaration and extension of the state of emergency, as well as the review of the emergency measures adopted by state authorities during periods of crisis, with a focus on the COVID-19 pandemic. The article suggests that constitutional courts can represent an important bulwark for the defence of the principles of constitutionalism in times of emergency.File | Dimensione | Formato | |
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