Papers

  • Uncertainty, administrative decision making and judicial review
    Published on 24 June 2022
    The role of courts has been rather significant in the COVID-19 pandemic, weakening the theory that the judiciary is not equipped to manage emergencies and contribute to govern crisis management. Although the analysis shows that differences exist across countries, depending on institutional varieties and political contexts, the experience of COVID-19 has shown that, even in times of emergency, courts can adapt, and provide the necessary balance to the power shift towards the executives. Both action and inaction affecting fundamental rights have been scrutinised, with different intensity across countries, to ensure that governments took the necessary measures to contrast the pandemic, taking into account fundamental freedoms and the rule of law.
    Author(s): Fabrizio Cafaggi and Paola Iamiceli
    Source: European Journal of Risk Regulation
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  • Global Pandemic and the Role of Courts - Opening survey
    Published on 24 June 2022
    While policymakers, legislators, and scientists have been in the front line in designing the institutional and regulatory framework of the preparedness strategy, the role of courts has emerged as a vital component of the institutional response to the challenges brought by the current pandemic. Not only have courts overseen statutory legislation and administrative acts to assess their conformity with constitutional norms and the rule of law, but, on a more substantive level, have also acted as custodians of fundamental rights, ensuring the right balance between conflicting ones.
    Author(s): Fabrizio Cafaggi and Paola Iamiceli
    Source: Global Pandemic Network
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