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16 results

  • New Dynamics of the “Post-COVID-19 Era”: A Legal Conundrum

  • Arianna Vedaschi, Chiara Graziani
  • Journal:
    German Law Journal / Volume 24 / Issue 9 / December 2023
    Published online by Cambridge University Press:
    12 December 2023, pp. 1612-1647
    • Article
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  • In this Article we analyze whether and how the legal reactions to COVID-19 brought permanent changes to three main areas that are at the very basis of the study of comparative constitutional law: the horizontal separation of powers in different forms of government; the vertical separation of powers and its effects on forms of state; and the reviewability of limitations to human rights and personal freedoms by bodies exercising constitutional review. Rather than just examining and categorizing the reactions, we search for the political, institutional, factual, and sometimes even cultural rationales at the basis of each trend. Our claim is that COVID-19 was a driving force for relevant changes in the three analyzed areas, but we also recognize that these changes did not come “out of the blue,” as they were already “latent” in considered legal systems. The analysis demonstrates that the traditional categories we use to classify the forms of government, forms of state, and the mechanisms of constitutional review, although being useful paradigms to study these topics, have in themselves the potential to be “stretched,” and even unhinged, when global and long-lasting emergencies, as COVID-19, are in place.

  • 5 - The Multilevel Governance of Emergency in Counterterrorism

  • from Part I - The Globalization of Anti-Terrorism Law: Theoretical Frameworks
  • Edited by Arianna Vedaschi, Università Commerciale Luigi Bocconi, Milan, Kim Lane Scheppele, Princeton University, New Jersey
  • Book:
    9/11 and the Rise of Global Anti-Terrorism Law
    Published online:
    01 July 2021
    Print publication:
    15 July 2021, pp 107-130

  • Summary

    In exceptional circumstances, defined as “emergencies”, states can limit human rights and personal freedoms, as long as restrictions are proportionate and necessary. From a comparative constitutional law perspective, several “emergency models” can be envisaged. At the same time, several international law tools provide for the possibility to derogate guarantees embodied therein in order to tackle exceptional circumstances. Since September 11, 2001, international terrorism has represented one of the biggest challenges for democratic countries and such a “global” threat still afflicts our democracies. Nevertheless, few countries have triggered their emergency provisions, as contained either in national constitution or legislation. Rather, limitations of human rights are often embodied in “ordinary” measures, so posing a high risk of “normalizing” restrictions of rights outside of a legally regulated and temporary state of emergency. How far has the “normalization” of exceptional circumstances come in times of international terrorism in democratic systems? Which is the relationship between international law provisions allowing derogation from human rights embodied in treaties and national emergency provisions? How can the international level impact on the other levels in determining exceptional measures? Are several de facto emergency provisions challenging the above-described models, which classify emergency regimes from a constitutional law perspective?

9/11 and the Rise of Global Anti-Terrorism Law
  • How the UN Security Council Rules the World
  • Edited by Arianna Vedaschi, Kim Lane Scheppele
  • Published online:
    01 July 2021
    Print publication:
    15 July 2021
  • Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and of the interplay among the main actors involved in the field since 2001. This book aims to give a picture of the complex and evolving interaction between the international, regional and domestic levels in framing counter-terrorism law and policies. Targeting scholars, researchers and students of international, comparative and constitutional law, it is a valuable resource to understand the theoretical and practical issues arising from the interaction of several levels in counter-terrorism measures. It also provides an in-depth analysis of the role of the United Nations Security Council.