Routledge Handbook of Law and the COVID-19 Pandemic

This work analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Contributors include leading scholars and rising voices in law, political science, and science and technology studies.

Auteur

Alice Donald is Associate Professor of Human Rights Law, School of Law, Middlesex University, London, UK. Joelle Grogan is Senior Lecturer in Law, School of Law, Middlesex University, London, UK, and Research Fellow, CEU Democracy Institute, Budapest, Hungary.

Texte du rabat

The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality.

This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies.

Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 - and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.

Contenu

PART I: Governance and Democracy

1 The Pandemic and the Future of Global Democracy 5

Tom Gerald Daly

2 COVID-19 Vaccines and Global Governance:

How Structural Factors Dictate Procurement and Vitiate Patient Autonomy 18

Jerome Amir Singh

3 Accountability through Dialogue: New Zealand's Experience during the First Year of the COVID-19 Pandemic 31

Dean R Knight

4 China and COVID-19: An Archetypal Legal and Governmental Response to an Exceptional Challenge 43

Jacques deLisle and Shen Kui

5 (Un)Governing: The COVID-19 Response in the UK 60

Joelle Grogan

6 COVID-19, the United States and Evidence-Based Politics 72

Mark A Graber

7 Democracy in the Time of COVID-19: Pandemic Management, Public Trust and Democratic Consolidation in Singapore 84

Shirin Chua and Jaclyn L Neo

PART II: Human Rights

8 Human Rights - the Essential Frame of Reference in Response to the COVID-19 Pandemic 101

Alice Donald and Philip Leach

9 Assessing Human Rights Compliance during COVID-19 117

Martin Scheinin

10 Going Beyond the Rhetoric: Taking Human Rights Seriously in the Post-COVID-19 World 123

Stéphanie Dagron

11 Finland's Success in Combatting COVID-19: Mastery, Miracle or Mirage? 130

Martin Scheinin

12 A Crisis of Rights and Democracy in India 143

Thulasi K Raj

13 Dealing with the Pandemic and Social Unrest: A Stress Test for Colombian Institutions 156

Julián Gaviria-Mira and Esteban Hoyos-Ceballos

14 Thailand's Response to COVID-19: Human Rights in Decline and More Social Turbulence 168

Khemthong Tonsakulrungruang and Rawin Leelapatana

15 Political Opportunism and Pandemic Mismanagement in Kenya 181

Tara Imalingat, Nerima Were and Allan Maleche

PART III: The Rule of Law

16 The Rule of Law as the Perimeter of Legitimacy for COVID-19 Responses 201

Joelle Grogan and Julinda Beqiraj

17 Baselining COVID-19: How Do We Assess the Success or Failure of the Responses of Governments to the Pandemic? 214

Hans Petter Graver

18 Brazil: COVID-19, Illiberal Politics and the Rule of Law 225

Thomas Bustamante and Emílio Peluso Neder Meyer

19 Dealing with COVID-19 in Sweden: Choosing a Different Path 237

Iain Cameron and Anna Jonsson Cornell

20 Turkey: Pandemic Governance and Executive Aggrandisement 248

Basak Çali and Emre Turkut

21 The COVID-19 Pandemic: A Pretext for Expanding Power in Hungary 259

Kriszta Kovács

22 The Politicisation of Health and Threats to the Rule of Law in Pakistan 271

Shaheera Syed and Nadia Tariq-Ali

Part IV: Science, Public Trust and Decision-Making 285

23 A Stress Test for Politics: A Comparative Perspective on Policy Responses to COVID-19 289

Sheila Jasanoff and Stephen Hilgartner

24 Open Science, Data Sharing and Pandemic Preparedness 299

Ciara Staunton

25 Taiwan's Effective Pandemic Control with Dialogic Constitutionalism 311

Wen-Chen Chang and Chun-Yuan Lin

26 Public Health, Technology and Social Context in Rwanda's COVID-19 Response 324

Denis Bikesha and Allan T Moore

27 Germany and COVID-19: Expertise and Public Political Deliberation 336

Anna Katharina Mangold

28 The Rationality of South Africa's State of Disaster During COVID-19 347

Melodie Labuschaigne and Ciara Staunton

29 Iran's COVID-19 Response: Who Calls the Shots? 359

Marzieh Tofighi Darian

Part V States of Emergency and Exception 371

30 Responding to COVID-19 with States of Emergency: Reflections and Recommendations for Future Health Crises 375

Cassandra V Emmons

31 COVID-19 and Emergency Powers in Western European Democracies: Trends and Issues 388

Arianna Vedaschi and Chiara Graziani

32 Exposing Inequalities: The Experience of Minorities and Indigenous Peoples During COVID-19 Emergencies 399

Rasha Al Saba and Samrawit Gougsa

33 When Emergency Is Permanent: Egypt's Legal Response to COVID-19 411

Ahmed Ellaboudy

34 The COVID-19 Emergency: Malaysia's Fragile Constitutional Democracy 423

R Rueban Balasubramaniam

35 The French Management of COVID-19: Normalisation of Regimes of Exception and Degradation of the Rule of Law 434

Marie-Laure Basilien-Gainche

36 The Philippines under Lockdown: Continuing Executive Dominance and an Unclear Pandemic Response 445

Maria Ela L Atienza

37 All Bets on the Executive(s)! The Australian Response to COVID-19 457

Marco Rizzi and Tamara Tulich

BEYOND THE PANDEMIC 471

38 Lessons for a 'Post-Pandemic' Future 473

Joelle Grogan and Alice Donald

Index