COVID-19, The Rule of Law and Democracy. Analysis of Legal Responses to a Global Health Crisis

The COVID-19 pandemic caused a severe strain on health systems globally, while
simultaneously presenting a social, economic, legal, political, and regulatory challenge. Where the efficacy of pandemic laws adopted by governments are a matter of
life and death, the urgency with which action needs to be taken during a pandemic
creates a law-making environment which incentivises rapid action without scrutiny
and the use of power without restraint. Under such conditions, adherence to the
foundational values of democracy and the rule of law come under increased pressure
if not threat. The demands of emergency provide a convenient guise and means of
justification for the use of power which only serves to consolidate power within the
executive to the detriment of the separation of powers and weakening of the institutions of liberal democracy. This article provides a preliminary analysis on how the
global health crisis has affected the state of democracy and the rule of law. While
the specific examples are drawn from across the globe to highlight common trends
and concerns, specific highlight is given to the EU and its Member States. It offers
an outlook on how to prepare for future emergencies by building on the lessons of
the current one