The appeal to science in the COVID-19 crisis
Published 2020-05-11
Keywords
- science law relationship,
- procedural conditions,
- scientific uncertainty,
- proportionality,
- institutionalisation
- precautionary principle,
- constitutional reform ...More
How to Cite
Copyright (c) 2020 José Esteve Pardo
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Abstract
The COVID-19 crisis has made very visible a challenge that law and politics have already posed: the legal decision in situations of scientific uncertainty. Two strategies were being developed and are present in this crisis. One with a scientific orientation and the other on internal legal references. Both strategies will be fulfilled with procedural and institutional conditions, without generically appealing to science. The proportionality and provisional nature of the measures, which must be open to constant review, are also inexcusable conditions. The COVID-19 crisis shows that the relationship between the legal and scientific systems is not well articulated. This should be also introduced into the Constitution looking to the present future.