Facing the Pandemic: Emergency Legislation in the COVID-19 Era and the Hypothetical Erosion of Democracy

Abstract

Purpose – This chapter aims to analyze the pandemic situation in a legal and political point of view, to find what measures have been adopted by States to face the spread of the contagion, and whether those measures have been determinant in the redefinition of democracy. Emergency dispositions were enacted when an “emergency state” was declared, containing a series of dangerous elements for the correct application of the rule of law.

Methodology/Approach – The approach considers a “pluralistic methodology” that refers to a comparative law study, but also uses the approach of political science, history of institutions, and sociology. From this point of view, this chapter regards similarities and differences, between two or more legal systems, as coincidences or dissonances, comparing cases in a diachronic and synchronic way at the same time to evidence what is the democratic erosion.

Findings – This chapter doesn’t want to provide a mere chronicle of what happened during the COVID-19 situation, but it finds that in some peculiar cases emergency affected a degeneration of democratic institutions, and an acceptance of a new model of state, with hypertrophic executives, weak legislative bodies, not equilibrated balance of fundamental rights, and a rise of technocracy.

Originality/Value – Based on other studies focused on state-by-state oversights during the pandemic, our theory intends to enlighten the COVID-19 as a “black swan” in the international political and legal scenario, or a sort of turning point in an inevitable and unstoppable transformation of the state model that appears to aspire to a return of some autocratic attitudes.

Citation

Nocera, L.A. (2023), "Facing the Pandemic: Emergency Legislation in the COVID-19 Era and the Hypothetical Erosion of Democracy", Deflem, M. (Ed.) Crime and Social Control in Pandemic Times (Sociology of Crime, Law and Deviance, Vol. 28), Emerald Publishing Limited, Leeds, pp. 155-170. https://doi.org/10.1108/S1521-613620230000028011