Chronicle of Research in Legal and Constitutional History in France in 2020

Abstract

State reaction to COVID-19 outbreak illustrates a major subject of State theory and history: the sovereignty. Among several meanings of this concept, the first thinkers of sovereignty (Bodin, The Six Books of the Republic, 1576; Hobbes, Leviathan, 1651) developed a material conception, known as the supreme power of State. Policies held by Government to contain the outbreak generated numerous discussions on the scope and limitations of State power. The Government decisions were unprecedented and affected exercise of individual liberties. Their legal framework evolved for the outbreak: first State and Government decided to act, then was asked the question of the legal basis of its actions. Just after the first ballot of municipal elections, the president of the Republic decided a general lockdown on March 17th. Formally, this decision was taken by a decree of Prime Minister funded on the doctrine of “exceptional circumstances” in absence of legislative framework. Then, an important legislation was adopted to give legal basis to a new state of health emergency (in comparison with the state of emergency decided following terrorist attacks – see our Chronicle of Research in Legal and Constitutional History in France Krakowskie Studia z Historii Państwa i Prawa 2021; 14 (3), s. 425–427 doi:10.4467/20844131KS.21.035.14100 www.ejournals.eu/Krakowskie-Studia-z-Historii-Panstwa-i-Prawa