Reinventing the wheel … and rolling over fundamental freedoms? The Covid-19 epidemic in France and the ‘State of Health Emergency'

IF 1.5 Q1 LAW

Theory and Practice of Legislation Pub Date : 2020-08-12 DOI:10.1080/20508840.2020.1804110

S. Platon

引用次数: 3

Abstract

ABSTRACT In order to cope with the Covid-19 crisis, the French Parliament has adopted an Act creating a new emergency powers regime, dubbed state of health emergency, which is currently in force. The present paper aims at analysing and providing a critical appraisal of this regime. In particular, it will be demonstrated that this regime is rather imbalanced in that it confers important powers to the executive with limited checks and balances. It will also be contended that the creation of a new regime was not necessary, and that it would have been wiser to amend the existing state of emergency.

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重新发明轮子，践踏基本自由?法国的Covid-19疫情和“卫生紧急状态”

摘要为了应对新冠肺炎危机，法国议会通过了一项法案，建立了一个新的紧急权力制度，称为卫生紧急状态，目前正在生效。本文件旨在分析并对这一制度作出批判性评价。特别是，这将证明这个制度相当不平衡，因为它赋予行政部门重要权力，但制衡有限。也有人认为，建立一个新的制度是没有必要的，修改现有的紧急状态会更明智。

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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来源期刊

Theory and Practice of Legislation LAW-

CiteScore

4.50

自引率

10.00%

发文量

期刊介绍： The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.

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