The Rule of Law Tested by covid-19: The Case of Gabon

Q2 Social Sciences
Ismaelline Eba Nguema
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引用次数: 0

Abstract

In Gabon, the covid-19 crisis was accompanied by the adoption of emergency measures to respond to the health emergency caused by the pandemic. According to the texts in force, these measures should be necessary, non-discriminatory and strictly proportional to the health catastrophe. However, the governmental measures were accompanied by an infringement of fundamental rights and freedoms. Also, they have sometimes been taken outside of any legal framework. Thus, the objective of this article is to study the conformity of health emergency measures to the rule of law in Gabon. The method used to conduct this study is based on comparative law. It consisted mainly in comparing the legal responses to covid-19 in Gabon with those used in the country that seems to have inspired them, France. Similarly, an analysis was made of all the decisions rendered by the Gabonese constitutional court. This study shows that government measures have had a deleterious effect on the rule of law, further weakening its structure. The security response to the covid-19 crisis and the increase in inequality due mainly to government measures to combat covid-19 could have damaging effects that could extend well beyond the period of the pandemic.
covid-19对法治的考验:加蓬的案例
在加蓬,在2019冠状病毒病危机发生的同时,还采取了紧急措施,应对大流行造成的卫生紧急情况。根据现行案文,这些措施应该是必要的、非歧视性的,并与卫生灾难严格成比例。然而,政府的措施伴随着对基本权利和自由的侵犯。此外,他们有时被置于任何法律框架之外。因此,本文的目的是研究加蓬卫生应急措施是否符合法治。进行这项研究的方法是以比较法为基础的。它主要包括比较加蓬对covid-19的法律反应与似乎启发了他们的国家法国所使用的法律反应。同样,对加蓬宪法法院作出的所有决定进行了分析。这项研究表明,政府措施对法治产生了有害的影响,进一步削弱了法治的结构。应对covid-19危机的安全措施以及主要由政府抗击covid-19措施造成的不平等加剧,可能会产生破坏性影响,其影响可能远远超出大流行期间。
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来源期刊
Global Journal of Comparative Law
Global Journal of Comparative Law Social Sciences-Law
CiteScore
0.90
自引率
0.00%
发文量
15
期刊介绍: The Global Journal of Comparative Law is a peer reviewed periodical that provides a dynamic platform for the dissemination of ideas on comparative law and reports on developments in the field of comparative law from all parts of the world. In our contemporary globalized world, it is almost impossible to isolate developments in the law in one jurisdiction or society from another. At the same time, what is traditionally called comparative law is increasingly subsumed under aspects of International Law. The Global Journal of Comparative Law therefore aims to maintain the discipline of comparative legal studies as vigorous and dynamic by deepening the space for comparative work in its transnational context.
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