Covid-19与政治相遇:新型冠状病毒是立法机构面临的新挑战

IF 1.5 Q1 LAW
I. Bar-Siman-Tov
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引用次数: 24

摘要

摘要新冠肺炎疫情给人们的健康、公共卫生系统和全球经济带来的挑战引起了人们的广泛关注。2019年新型冠状病毒对民主的重要机构立法机构构成的挑战没有得到足够的关注。本文借鉴世界各国的例证,对新冠疫情对立法机构及其运作提出的多种挑战进行了全面分析。它认为,新冠肺炎对立法机构构成了独特而复杂的挑战;这是由于这一流行病的特点以及它们与立法机构的基本制度特征相互作用的方式;立法者典型的人口特征;可能损害立法机构评估风险能力的心理偏见;以及紧急情况对立法机构的影响。文章随后深入分析了以色列的深入案例研究,以分析疫情如何特别挑战新冠肺炎与预先存在的政治危机相吻合的国家的议会。通过了解新冠肺炎给议会带来的复杂挑战,我们可以帮助确保议会,或许最终民主本身,不会成为新冠肺炎的牺牲品。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Covid-19 meets politics: the novel coronavirus as a novel challenge for legislatures
ABSTRACT Much attention has been given to the challenge posed by the covid-19 pandemic to people's health, to public health systems and to the global economy. Insufficient attention has been given to the challenge posed by the 2019 novel coronavirus to legislatures, the vital organ of democracy. This article develops a comprehensive analysis of the multiple ways in which the pandemic challenges legislatures and their operation, drawing on illustrative examples from various countries around the world. It argues that covid-19 poses a unique and complex challenge for legislatures; resulting from the characteristics of this pandemic and the ways they interact with the fundamental institutional features of legislatures; the typical demographic traits of legislators; the psychological biases that can prejudice legislatures’ ability to evaluate the risk; and the effects of emergencies on legislatures. The article then delves into an in-depth case study analysis of Israel to analyze how the pandemic particularly challenges parliaments in countries where covid-19 coincides with a pre-existing political crisis. By understanding the complex challenges posed by covid-19 on parliaments, we can help ensure that parliaments, and perhaps ultimately democracy itself, would not become casualties of covid-19.
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来源期刊
CiteScore
4.50
自引率
10.00%
发文量
23
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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