Ondřejek Pavel, Threshold of Justification of Emergency Regulations: On Coherentism Requirement for the Justification of Measures Adopted in the Czech Republic during the COVID‑19 Pandemic

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Opublikowano: AFP 2021/2/41-53
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Threshold of Justification of Emergency Regulations: On Coherentism Requirement for the Justification of Measures Adopted in the Czech Republic during the COVID‑19 Pandemic

1.Introduction

The COVID-19 pandemic was undoubtedly the most significant event of 2020. It affected all the countries worldwide and took its toll on the economy, law, healthcare, education, and other social subsystems. Impacts in the field of law were many – the most important being perhaps an unprecedented limitation of a number of fundamental rights with a view to protecting public health, in terms of both the number of various restrictions and the intensity of interference with the individual rights. A state of emergency was declared in a number of countries, often for prolonged periods of time. Some countries even derogated from certain commitments they have under international human rights conventions. A related issue, which will be addressed by this article, was that many of the adopted measures were not sufficiently substantiated. This raised doubts as to whether such measures actually required statement of reasons (and, from the theoretical perspective, justification), and if so, to what...

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