EROSION OF CONSTITUTIONAL LOYALTY IN A STATE SUBJECT TO THE RULE OF LAW DURING A PANDEMIC YEAR
EROSION OF CONSTITUTIONAL LOYALTY IN A STATE SUBJECT TO THE RULE OF LAW DURING A PANDEMIC YEAR

Summary/Abstract: The Covid-19 pandemic has diluted the principle of constitutional loyalty, the executive and/or legislative powers of many states under the rule of law having manifested a disloyal conduct towards their Constitutions, which led to the impossibility of adequately implementing the fundamental law or any other normative acts. This new legal reality produces consequences upon the functioning of the state under the rule of law, as the state itself no longer necessarily functions based on a constitutional system, which represents a paradox, as the political system must be constitutional and, therefore, the actions exercised by the public authorities must be compliant to the legal regulations which, in a mandatory manner, must comprise restrictive acting provisions. The article exposes the manner in which the disloyal conduct may manifest against the constitutional norms by the discretionary exercise of certain attributions, the manner in which the principle of separation of powers in a state can be violated by the erosion of constitutional loyalty, and how this lack of constitutional loyalty in the scope of powers reflects on the scope of rights and fundamental freedoms.

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