Why Constitution Matters - Constitutional Law in Times of the Corona Crisis
Published 2021-04-06
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Copyright (c) 2021 Gustavo; Hans Michael Heinig Heinig , Thorsten Kingreen, Oliver Lepius, Christoph Möllers, Uwe Volkmann, Hinnerk Wißmann
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Abstract
The measures adopted in the framework of the fight against the coronavirus represent a break with respect to the traditional understanding of the rule of law: overnight, and practically globally, the fight against COVID-19 has been erected in sole guiding criterion of political praxis. Rights of freedom of all kinds have been subordinated to it; common balancing processes have been suspended, allegedly due to the conditions of extraordinary uncertainty and with unforeseeable duration and consequences. In this study, a provisional assessment of the role of legal-constitutional science in a situation of these characteristics is carried out.