Arnold Rainer, Constitutional Jurisdiction and the Corona Crisis: Some Aspects from the German Experience

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Opublikowano: GSP 2020/4/28-40
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Constitutional Jurisdiction and the Corona Crisis: Some Aspects from the German Experience

1.Introduction

The Covid-19 pandemic is a serious challenge for public health and also for the law. The wide-ranging restrictions of individual freedoms, challenges which have been necessary to successfully fight against the virus, have reached unprecedented levels; almost all life situations and entire populations are affected, and for indefinite periods of time. It is, therefore, not surprising that judicial protection has become one of the most important questions.

The following reflections will, therefore, deal substantially with this issue and place emphasis on constitutional justice. Administrative jurisdiction, of course, is also important in this context. For a review of the restrictions that were largely imposed by executive actions, by regulations of the governments of the Federation’s Member States, the Länder, and also by concrete but generally applicable actions, see the so-called general administrative acts (Allgemeinverfügungen).

Formal legislation adopted by Parliament serves as the...

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