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Emergency powers in a time of pandemic.
- Format:
- Book
- Author/Creator:
- Greene, Alan (Law teacher)
- Language:
- English
- Subjects (All):
- Executive power.
- Epidemics--Government policy.
- Epidemics.
- Physical Description:
- 1 online resource
- Place of Publication:
- Bristol, UK : Bristol University Press, 2020.
- System Details:
- text file
- Summary:
- How do we maintain core values and rights when governments impose restrictive measures on our lives? Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises?This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes. Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.
- Contents:
- Front Cover
- Emergency Powers in a Time of Pandemic
- Copyright information
- Table of contents
- Notes on the Author
- Acknowledgments
- Introduction
- One The Pandemic State of Emergency
- What is a state of emergency?
- Declaring a state of emergency: who decides?
- Pandemics as a state of emergency
- The exceptional emergency response to COVID-19
- Implementing responses to the pandemic emergency through law
- 'Business as usual' models
- Emergency legislation: the 'legislative accommodation' model
- The signal sent by declaring a state of emergency
- Conclusions
- Two Pandemics and Human Rights: Non-Derogable Rights
- What are human rights?
- Sources of international human rights norms
- My view of rights
- Who protects human rights?
- COVID-19 and human rights
- Non-derogable rights and COVID-19
- Pandemics and the right to life
- Provision of adequate personal protective equipment
- Protection of individuals in state-run institutions
- Duty to investigate
- Conclusions
- Three Pandemics and Human Rights: Derogable Rights
- Lockdown
- Lockdown and liberty
- Article 5.1(e) and the lawful detention of persons for the prevention of the spreading of infectious diseases
- Article 5.1(e) and the detention of healthy persons to prevent the spread of disease
- Lockdown: restriction or deprivation of liberty?
- The quarantining effect of Article 15
- Lockdown and qualified rights
- Assessing breaches of qualified rights
- Freedom of assembly and association during lockdown
- Pandemics and freedom of expression
- Pandemics and the right to property
- Conclusions: to derogate or not to derogate?
- Four Pandemics and Democracy
- Introduction
- The importance of legislatures
- Delegating power to the executive
- Helping legislatures to sit
- Alternative methods of enabling legislatures to sit
- Holding elections during a pandemic
- Democracies, pandemics and the failure to respond
- Five The End of the Pandemic Emergency
- The rush to normalcy
- Lifting lockdowns: from containment to mitigation and back again
- Contact tracing apps and the right to privacy
- Immunity certificates
- The discriminatory potential of immunity certificates
- Quarantine regimes and air bridges
- Conclusions
- Six Conclusions: Breathing Space
- Pandemics and permanent states of emergency
- The permanent emergency threat
- Pandemics and economic crises
- Planning for the next pandemic: the importance of emergency preparedness
- Emergency preparedness and human rights
- Final conclusions
- Index
- Back Cover
- Notes:
- Electronic reproduction. New York Available via World Wide Web.
- Other Format:
- Print version:
- ISBN:
- 9781529215434
- 1529215439
- Publisher Number:
- 40030205240
- Access Restriction:
- Restricted for use by site license.
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