The Role of the Constitutional Court during the Pandemic: Active Player or Passive Bystander? Cover Image

Role Ústavního soudu za pandemie v nouzovém stavu: aktivní hráč, nebo pasivní přihlížející?
The Role of the Constitutional Court during the Pandemic: Active Player or Passive Bystander?

Author(s): Michal Kovalčík
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: Constitutional Court; Separation of Power; Constitutionalism; COVID-19 Pandemic; State of Emergency.

Summary/Abstract: The article focuses on the Czech Constitutional Court and its role in the political system during the COVID-19 pandemic, especially in respect of state of emergency, and clarifies what role the Constitutional Court should play in the separation of power. Based on general premises of positive constitutionalism and theories of emergencies, the normative-analytical article designs five possible approaches of the Constitutional Court in a pandemic situation. Accordingly, it provides negative and positive reasons for accepting the Constitutional Court as an important player in the political system in managing a pandemic.

  • Issue Year: 29/2021
  • Issue No: 3
  • Page Range: 649-668
  • Page Count: 20
  • Language: Czech