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Routledge Handbook of Law and the COVID-19 Pandemic



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ISBN 9781032078854
May 17, 2022 Forthcoming by Routledge
496 Pages 2 B/W Illustrations

 
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Book Description

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.

Table of Contents

Part I: Governance and Democracy

  1. The Pandemic and the Future of Global Democracy
  2. Tom Gerald Daly

  3. COVID-19 Vaccines and Global Governance: How Structural Factors Dictate Procurement and Vitiate Patient Autonomy
  4. Jerome Amir Singh

  5. Accountability through Dialogue: New Zealand’s Experience during the COVID-19 Pandemic
  6. Dean R Knight

  7. China and COVID-19: An Archetypal Legal and Governmental Response to an Exceptional Challenge
  8. Jacques deLisle and Shen Kui

  9. (Un)Governing: COVID-19 Response in the UK
  10. Joelle Grogan

  11. COVID-19, the United States and Evidence-Based Politics
  12. Mark A Graber

  13. Democracy in the Time of COVID-19: Pandemic Management, Public Trust and Democratic Consolidation in Singapore
  14. Shirin Chua and Jaclyn L Neo

     

    PART II: Human Rights

  15. Human Rights – the Essential Frame of Reference in Response to the COVID-19 Pandemic
  16. Alice Donald and Philip Leach

  17. Assessing Human Rights Compliance during COVID-19
  18. Martin Scheinin

  19. Going Beyond the Rhetoric: Taking Human Rights Seriously in the Post-COVID-19 World
  20. Stéphanie Dagron

  21. Finland’s Success in Combating COVID-19: Mastery, Miracle or Mirage?
  22. Martin Scheinin

  23. A Crisis of Rights and Democracy in India
  24. Thulasi K Raj

  25. Dealing with the Pandemic and Social Unrest: A Stress Test for Colombian Institutions
  26. Julián Gaviria-Mira and Esteban Hoyos-Ceballos

  27. Thailand’s Response to COVID-19: Human Rights in Decline and More Social Turbulence
  28. Khemthong Tonsakulrungruang and Rawin Leelapatana

  29. Political Opportunism and Pandemic Mismanagement in Kenya
  30. Tara Imalingat, Nerima Were and Allan Maleche

     

    PART III: The Rule of Law

  31. The Rule of Law as the Perimeter of Legitimacy for COVID-19 Responses
  32. Joelle Grogan and Julinda Beqiraj

  33. Baselining COVID-19: How Do We Assess the Success or Failure of the Response of Governments to the Pandemic?
  34. Hans Petter Graver

  35. Brazil: COVID-19, Illiberal Politics and the Rule of Law
  36. Thomas Bustamante and Emílio Peluso Neder Meyer

  37. Dealing with COVID-19 in Sweden: Choosing a Different Path
  38. Iain Cameron and Anna Jonsson Cornell

  39. Turkey: Pandemic Governance and Executive Aggrandisement
  40. Başak Çalı and Emre Turkut

  41. The COVID-19 Pandemic: A Pretext for Expanding Power in Hungary
  42. Kriszta Kovács

  43. The Politicisation of Health and Threats to the Rule of Law in Pakistan
  44. Shaheera Syed and Nadia Tariq-Ali

     

    PART IV: Science, Public Trust and Decision Making

  45. A Stress Test for Politics: A Comparative Perspective on Policy Responses to COVID-19
  46. Sheila Jasanoff and Stephen Hilgartner

  47. Open Science, Data Sharing and Pandemic Preparedness
  48. Ciara Staunton

  49. Taiwan’s Effective Pandemic Control with Dialogic Constitutionalism
  50. Wen-Cheng Chang and Chun-Yuan Lin

  51. Public Health, Technology and Social Context in Rwanda’s COVID-19 Response
  52. Denis Bikesha and Allan T Moore

  53. Germany and COVID-19: Expertise and Public Political Deliberation
  54. Anna Katharina Mangold

  55. The Rationality of South Africa’s State of Disaster during COVID-19
  56. Melodie Labuschaigne and Ciara Staunton

  57. Iran’s COVID-19 Response: Who Calls the Shots?
  58. Marzieh Tofighi Darian

     

    PART V: States of Emergency and Exception

  59. Responding to COVID-19 with States of Emergency: Reflections and Recommendations for Future Health Crises
  60. Cassandra V Emmons

  61. The COVID-19 Emergency in Western European Democracies: Trends and Issues
  62. Arianna Vedaschi and Chiara Graziani

  63. Exposing Inequalities: The Experience of Minorities and Indigenous Peoples during COVID-19 Emergencies
  64. Rasha Al Saba and Samrawit Gougsa

  65. When Emergency is Permanent: Egypt’s Legal Response to COVID-19
  66. Ahmed Ellaboudy

  67. The COVID-19 Emergency: Malaysia’s Fragile Constitutional Democracy
  68. R Rueban Balasubramaniam

  69. The French Management of COVID-19: Normalisation of Regimes of Exception and Degradation of the Rule of Law
  70. Marie-Laure Basilien-Gainche

  71. The Philippines under Lockdown: Executive Dominance and an Unclear Pandemic Response
  72. Maria Ela L Atienza

  73. All Bets on the Executive(s)! The Australian Response to COVID-19
  74. Marco Rizzi and Tamara Tulich

    BEYOND THE PANDEMIC

  75. Lessons for a ‘Post-Pandemic’ Future

Joelle Grogan and Alice Donald

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Editor(s)

Biography

Alice Donald, Associate Professor of Human Rights Law, School of Law, Middlesex University, London, UK

Joelle Grogan, Senior Lecturer in Law, School of Law, Middlesex University, London, UK; Research Fellow, CEU Democracy Institute, Budapest, Hungary

Reviews

"This book provides an exceptional comparative account of how institutions of constitutional democracies can either act as bulwarks or be threatened in emergency times. The COVID-19 pandemic will leave an enduring mark on the world’s constitutional history and this volume provides intriguing critical readings of the facts and governmental responses related to it."

Judge Luís Roberto Barroso, Justice of the Supreme Federal Court of Brazil

"This excellent collection of essays both addresses and transcends the legal issues raised by responses to the pandemic, both within particular countries and globally. The health care crisis pushed other concerns to the margins of our political radar and the legal mechanisms adopted have not received the attention that trends in response to 9/11 did. Since the pandemic affected the exercise of political and legal power in ways that may have long term consequences for democracy, populism, authoritarianism and the role of scientific knowledge in our policy decisions, this book is an invaluable interdisciplinary resource."

David Dyzenhaus, University Professor of Law and Philosophy and Albert Abel Chair, University of Toronto

"Grogan and Donald’s edited volume makes a spectacular contribution to ongoing discussions regarding COVID-19 and the law. Contributions from leading thinkers provide fresh theoretical insights and empirical observations regarding the pandemic’s impacts on who exercises power and how, which should be read by everyone concerned with the rule of law in a post-COVID-19 future."

Alicia Ely Yamin, Senior Fellow on Global Health and Rights, Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, Harvard Law School