Abstract

The COVID-19 pandemic has presented unprecedented challenges to constitutionalism worldwide, particularly in the context of emergency provisions. Governments globally have invoked emergency powers to combat the public health crisis, raising significant questions about the balance between safeguarding public welfare and upholding constitutional principles. This abstract explores the impact of the pandemic on constitutionalism with a focus on emergency provisions. Constitutionalism, built on the foundation of rule of law and protection of individual rights, faces a delicate test as emergency measures are implemented to curb the spread of the virus. Governments grapple with ensuring public safety while adhering to constitutional norms, such as proportionality, necessity, and the protection of civil liberties. The scope and duration of emergency provisions have strained the limits of constitutional frameworks, prompting critical reflections on the resilience of democratic institutions. Legal safeguards and oversight mechanisms emerge as crucial elements to prevent the overreach of emergency powers. Proactive measures to define the time limitations, proportionality, and necessity of restrictions are imperative for striking a delicate balance.

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