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2020, Budhi: A Journal of Ideas and Culture
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11 pages
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IALS Student Law Review
Whilst there is significant discussion globally on the thesis that the Coronavirus is emboldening autocrats the world over through vastly expanded emergency powers, extraordinary measures and reliance on enforcement rather than on expendable democratic subtleties, this paper focuses on the particular case of Albania to show that even though the level of illiberal thrust in this country is far from equalling that of authoritarian regimes, a host of key similarities are already there, and the substance behind those similarities is equally worrying. In Albania, the operationalisation of the pandemic has made room for the relentless advancement of the government’s political agenda, giving rise to serious doubts about the sincerity of the government-sponsored measures, their end effects and their compatibility with public interest and constitutional framework.
IALS Student Law Review
The unprecedented outbreak and spread of the COVID-19 virus in the world and its grave consequences on human health, the economy and the everyday life forced national parliaments either to change its standard work mode or transfer their constitutional competences to the executive by declaring state of emergency. The detrimental effects of this unorthodox situation, especially on functioning of democracies, government branches’ division, economic disturbances and losses of jobs are yet to be determined and analyzed. Not expecting that the virus will reach pandemic proportions, the Macedonian parliament was dissolved for early parliamentary elections that ought to be carried out by a technical government, a commitment taken from the Przino Agreement in 2015. The state had faced a unique situation to get through the pandemic with a dissolved parliament and a technical government with limited competences. The constitutional vagueness regarding the work of the parliament in emergency sit...
2021
In response to the Covid-19 pandemic, governments have implemented a variety of extraordinary legal and policy measures to protect lives, mitigate the spread of the virus, and prevent health systems from breaking down. These measures have often included curbing some human rights, restricting travel, shuttering up classrooms, suspending government services, ordering the temporary closure of businesses, controlling or curtailing news reporting, and sometimes delaying elections. To do this, many governments have activated emergency legal frameworks that provide for the assumption of emergency powers by the executive and, in some cases the weakening or setting aside of ordinary democratic checks and balances. It is helpful to understand the different types of laws relied upon (or not) by governments to justify their assumption of emergency powers and their imposition of emergency measures. This paper examines and compares different types of legal bases for emergency powers, built-in saf...
Unnes Law Journal
The purpose of this study was to describe the position of the state emergency law as the basis for the issuance of the Government Regulation in Lieu of Law and to examine the consistency of the position of the state emergency law in the implementation of regional elections during the pandemic. This study used normative juridical research with conceptual, statutory, philosophical, and case-study approaches. Sources of legal materials in this study consisted of primary, secondary, and tertiary legal materials. The results showed that the Covid-19 pandemic is declared a non-natural disaster to be qualified as coercive urgency, which is a requirement for enacting the state emergency law. However, there is a logical inconsistency about the Covid-19 pandemic concerning regional elections. On the one hand, the Covid-19 is used as an argument to declare the state in an emergency so that it is necessary to issue a state emergency law in the form of the Government Regulation in Lieu of Law. O...
EXECUTIVE SUMMARY • Thai authorities regard the outbreak of COVID-19 as a non-traditional security threat that requires extraordinary measures-or, in a word, 'securitization'. • Prime Minister Prayut Chan-ocha declared a state of emergency in accordance with the 2005 Royal Decree on the Administration of Emergency Situations, allowing him to exercise special powers to address the situation. Bypassing popularly elected politicians in the coalition government, the government also created a special operating structure for bureaucrats and security officials. • The government has been forced to reallocate budgetary resources for the crisis, to support medical workers who have run out of personal protective equipment. The military has had to cut its budget for conventional defence to divert money to the struggle against COVID-19. • The draconian Emergency Law and extraordinary measures have caused collateral damage in the country, as officials misjudge situations and enforce the law without flexibility. • For the sake of good governance, recourse to the normal parliamentary process to map out an exit strategy is recommended.
2020
On 13 January, Thailand was the first country outside of China to confirm a COVID-19 case. Despite calls to restrict inbound travel, especially from China, the government of Prayuth Chan-ocha rejected the idea due to concerns over the economy and foreign relations. More cases followed. By early March, the situation reached a peak of over one hundred new confirmed cases per day. Prayuth invoked the Emergency Decree on Public Administration in Emergency Situation, B.E. 2548 (2005; 'the 2005 Emergency Decree') on 26 March 2020. At present, new cases are down to a single-digit figure per day. However, the 2005 Emergency Decree may not be the appropriate tool, as it has misled the public's understanding of the pandemic and allows the government to employ unnecessarily harsh measures, leading to over-criminalization and arguable abuses of power.-1-CORE Metadata, citation and similar papers at core.ac.uk
EUROPEAN RESEARCH STUDIES JOURNAL, 2020
Purpose: The research aims to characterize legal solutions in the field of emergency states-those existing and implemented in Poland and Taiwan. Design/Methodology/Approach: The author discusses emergency states in Poland and Taiwancharacteristics, premises, and procedures for introducing. The existing rules that were introduced during the COVID-19 pandemic will also be presented. During the research, the author uses legal and comparative analysis and structural and functional analysis. However, the interpretation method is also important, which makes it possible to interpret legal acts and a comparative study-in the scope of regulations in force in these countries. The author uses elements of the concept-descriptive and improving functional and modeling, and diagnostic and functional. Findings: The working hypothesis refers to the assumption that the current legal regulations in the field of emergency states are insufficient and disproportionate to the threat of a pandemic COVID-19. Some restrictions are necessary, but more important are social responsibility, self-control, and education. The essence of emergency states is different: protecting the State, its organs, and society against threats and dangers of various causes. So, the restrictions and limitations on human rights associated with them do not respond to the pandemic case. Practical Implications: As a result of conducting the comparisons, it is possible to present some legal changes concerning extraordinary measures and rules during a crisis. Originality/Value: This is a complete research for a comparative study concerning Poland and Taiwan.
2023
During the COVID-19 pandemic, some countries experienced concurrent emergencies that intensified the social impact of the pandemic on society. This report focuses on Myanmar as an example of how the quasi-civilian and military regimes used different constitutional and legislative measures to respond to the pandemic, and the impact these measures had on society. The report provides a brief overview of emergency powers in Myanmar. The report then examines the legal measures taken during the National League for Democracy (NLD) government (2020-21) and then by the military regime after the coup from February 2021 to 2022. It finds that the NLD government avoided the use of constitutional emergency powers to prevent a military takeover, and instead used executive power under existing laws. Its approach was similar to countries in the Global South that attempted to minimise the impact of COVID-19 on the economy by limiting the scale and scope of lockdowns given the high levels of social fragility and vulnerability. In contrast, the 2021 military coup produced a concurrent emergency that led to the militarisation of emergency powers. The military claimed (incorrectly) to use constitutional emergency powers but did so for the sake of regaining control of the state. The military also used law as a weapon against political opponents, often directly contrary to the aims of reducing COVID-19, such as the widespread imprisonment of doctors and nurses. Myanmar is an example of the complexities associated with the pandemic response in military regimes and fragile or failed states.
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