Sphere Of Influences In Public Policy Domain During EmergencyTo Combat COVID-19

Norzayana Yusof, Zamri Mohamed, I. S. Saimy, S. H. Salleh
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Abstract

The spreading of Covid19 as a global pandemic has tested countries around the world at many levels. From mental strength to economic resiliency and far stretching to include legality of issues. A year later, the world is still not in a better place. Malaysia, like others are fighting the thirds waves of the pandemic, believed to be more fatal than before. From March 2020 until to date, Malaysians have been placed under complete lockdown before that order was relaxed and tighten again when the numbers of infected patients and deaths skyrocketed. Now Malaysia is placed under emergency order and law. Strangely the emergency order is issued while the complete and conditional Movement Control Orders (MCO) are still in effect. Since an emergency is a situation where the country could not be managed under regular administrative system, it is important to know which parties that are majorly involved in currently running the country to fight Covid19 has the overriding power over the others, what are their rights or limitations. Between the emergency order, complete MCO and conditional MCO, which one should be prioritized and how long would Malaysia remain under emergency? The answer could be found by studying the sphere of influences in the public policy domain. The article is qualitative in nature; data is collected from legal documents, judicial precedents and article writings. The sphere of influences during emergency time is more complex than usual. The legislative and executive powers are concentrated to one or two party(s) with enormous authorities and expansive jurisdictions.
抗击COVID-19紧急情况下公共政策领域的影响范围
2019冠状病毒病作为全球大流行的传播,给世界各国带来了多方面的考验。从精神力量到经济弹性,再到合法性问题。一年过去了,世界仍然没有变得更好。马来西亚和其他国家一样,正在与据信比以往更致命的第三波大流行作斗争。从2020年3月到目前为止,马来西亚人一直处于完全封锁状态,直到感染患者和死亡人数激增后,这一命令才再次放松和收紧。现在马来西亚处于紧急状态。奇怪的是,在发布紧急命令的同时,完整和有条件的移动控制命令(MCO)仍然有效。紧急状态是无法在常规行政体系下管理国家的情况,因此,有必要了解目前在应对新冠肺炎的国家运营中,哪些主要参与者拥有压倒一切的权力,他们的权利或限制是什么。在紧急命令、完整的行政管理和有条件的行政管理之间,应优先考虑哪一项,马来西亚将处于紧急状态多长时间?通过研究公共政策领域的影响范围,可以找到答案。这篇文章本质上是定性的;数据收集自法律文件、司法判例和文章写作。紧急时期的影响范围比平时更为复杂。立法权和行政权集中在一个或两个拥有巨大权力和广泛管辖权的政党手中。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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