scholarly journals Emergency Law Responses and the Covid-19 Pandemic (Global State of Democracy Thematic Paper 2021)

2021 ◽  
Author(s):  
Erin Houlihan ◽  
William Underwood

In response to the Covid-19 pandemic, governments have implemented a variety of extraordinary legal and policy measures to protect lives, mitigate the spread of the virus, and prevent health systems from breaking down. These measures have often included curbing some human rights, restricting travel, shuttering up classrooms, suspending government services, ordering the temporary closure of businesses, controlling or curtailing news reporting, and sometimes delaying elections. To do this, many governments have activated emergency legal frameworks that provide for the assumption of emergency powers by the executive and, in some cases the weakening or setting aside of ordinary democratic checks and balances. It is helpful to understand the different types of laws relied upon (or not) by governments to justify their assumption of emergency powers and their imposition of emergency measures. This paper examines and compares different types of legal bases for emergency powers, built-in safeguards and constraints specific to each type of emergency regime, the factors that may influence choices about which emergency legal response to apply, and the associated advantages and risks

2021 ◽  
Vol 8 (1) ◽  
pp. 28-38
Author(s):  
Afrim Krasniqi

Whilst there is significant discussion globally on the thesis that the Coronavirus is emboldening autocrats the world over through vastly expanded emergency powers, extraordinary measures and reliance on enforcement rather than on expendable democratic subtleties, this paper focuses on the particular case of Albania to show that even though the level of illiberal thrust in this country is far from equalling that of authoritarian regimes, a host of key similarities are already there, and the substance behind those similarities is equally worrying. In Albania, the operationalisation of the pandemic has made room for the relentless advancement of the government’s political agenda, giving rise to serious doubts about the sincerity of the government-sponsored measures, their end effects and their compatibility with public interest and constitutional framework.


2021 ◽  
Author(s):  
Jennifer Lee

The birth of the World Wide Web has made it convenient and cheaper to produce and transfer information to the receiver. Many online news sites provide information for free and the Internet and social media have brought on the affordance to self-publish and engage with the media. New media tools have made it easier to produce a variety of online blogs, magazines, digital papers and content aggregators. In the wake of the information era, journalism has developed into niche news sites, producing different types of news writing. By analyzing news accounts from the same event, this Major Research Paper compares how news language, content and structure deviate between traditional and alternative online news sites. The study reveals that alternative news sources tend to report their news in a more subjective manner, deviating from the goal of being objective, a fundamental element in traditional journalism. Analysis of how information is structured in the news articles also reveals that alternative news sites deviate from traditional forms of the inverted pyramid style (Kovach and Rosenstiel, 2007, p. 82), reporting in a narrative, chronological fashion.


2006 ◽  
Vol 31 (2) ◽  
pp. 191-213 ◽  
Author(s):  
Mark Neocleous

This article challenges the increasingly prevalent idea that since September 11, 2001, we have moved into a state of permanent emergency and an abandonment of the rule of law. The article questions this idea, showing that historical developments in the twentieth century have actually placed emergency powers at the heart of the rule of law as a means of administering capitalist modernity. This suggests we need to rethink our understanding of the role of emergency measures in the “war on terror” and, more generally, to reconsider the relationship between the rule of law and violence.


2014 ◽  
Vol 3 (1) ◽  
pp. 33-48 ◽  
Author(s):  
Colin Williams ◽  
Sara J. Nadin

Purpose – Although it has been recognised that many entrepreneurs operate in the informal economy, little is so far known about their reasons for doing so. The purpose of this paper is to begin to unravel entrepreneurs’ rationales for trading in the informal economy in order to consider what policy measures need to be adopted to facilitate their formalisation. Design/methodology/approach – To do this, the results of an empirical survey are reported conducted in Ukraine during 2006/2007 with 331 individuals who had started-up or owned/managed an enterprise. Findings – Revealing that the rationales for entrepreneurs operating in the informal economy markedly differ according to whether they are wholly or partially informal entrepreneurs operating temporarily or permanently in the informal economy, the result is a call for a move beyond a “one-size-fits-all” policy approach and towards a variegated public policy approach whereby policy measures are tailored to tackling the different types of informal entrepreneurship, each of which operate informally for varying reasons. Research limitations/implications – No evidence yet exists of whether the rationales for engaging in each type of informal entrepreneurship, and the consequent policy measures that need to be used to formalise each type, are more widely valid. Further research to evaluate this is required. Originality/value – This is the first paper to start to move beyond a “one size fits all” policy approach when considering how to facilitate the formalisation of entrepreneurs in the informal economy.


2021 ◽  
Vol 13 (23) ◽  
pp. 12979
Author(s):  
Emma Strömblad ◽  
Lena Winslott Hiselius ◽  
Lena Smidfelt Rosqvist ◽  
Helena Svensson

The COVID-19 pandemic has caused a rapid change in travel behavior for different types of trips, including everyday social and recreational leisure trips. People have used adaptive travel behaviors to cope with the new circumstances for activities and transport. Due to the Swedish strategy focusing on more voluntary restrictions, people have had reason to consider which trips and activities to skip and which to keep. The overall aim of the study is to explore and deepen the knowledge about adaptive behaviors used and seek to understand its possible implications for future travel behavior change towards sustainable mobility through the use of qualitative interviews focusing on everyday leisure trips. The results illustrate how people have used a range of adaptive behaviors to cope with the implications of the pandemic, with cancellation and change of transport mode being the ones most reflected upon by the interviewees. Further, the results reveal how the overall label “everyday leisure trips” in fact includes a variety of trip purposes that differ in terms of flexibility and importance and must thus be approached in different ways in transport policy measures.


2016 ◽  
Vol 1 (1) ◽  
pp. 17-29 ◽  
Author(s):  
Oleksandr Lyakh

The potential contribution of social enterprises to work integration, job creation, and service delivery remains largely unrealized both in Poland and Ukraine. This paper focuses on the analysis of the role of social economy and social enterprises sector in providing employment opportunities and wide range of services for group of interest. One of the major obstacles to the discussion and study of the topic is the lack of a clear and concise definition. It is requiring investigating evolution of social enterprise as a concept and as a sector of the Polish and Ukrainian economies. Institutional aspects and legal frameworks are considered in order to define the appropriate eco-system for social enterprises sector support and fostering. Attention was also paid to frame of the policy for social enterprises support and ongoing decentralization of public authority that is allowing to clarify what level of authority should be responsible for concrete policy measures elaborating.


2020 ◽  
Vol 28 (1) ◽  
pp. 165-195
Author(s):  
Kirama Nasim Manbi Ushama ◽  
Juriah binti Abdul Jalil

Child pornography is not a novel crime. For many years, it has been a prevalent concern but since the availability of the internet, it has become more universal and pervasive, as cyberspace provides offenders with greater accessibility to victimize children. In response to this, numerous countries around the world, including Malaysia have implemented and enhanced regulations and policies to accord better protection to children from the crime. The aim of this paper is to highlight Malaysia’s legal response and its efficacy in repressing the crime of online child pornography. Accordingly, the paper uses a doctrinal approach with content analysis to consider four issues. Firstly, the international and regional legal frameworks addressing online child pornography will be explored. Secondly, the paper provides an overview of the increasing threat of the crime in Malaysia. Subsequently, the legislative intervention taken by the nation to curb the crime is analysed, accompanied by an assessment on whether the existing law is consistent with international conventions. The overall finding reveals that the Malaysian legal mechanism has been substantially reformed to safeguard children in the country from online child pornography, especially after the enactment of the Sexual Offences Against Children Act 2017.


Author(s):  
Nataliya Latypova ◽  

Introduction. In the context of the COVID-19 pandemic announced by the WHO in 2020, American researchers bring up the question of the legitimacy, adequacy, or, on the contrary, redundancy of measures taken by the US leadership to protect the population. The study of the US President’s history of emergency powers can demonstrate how previous American Presidents managed to preserve or, conversely, subvert the established liberal foundations of American society in emergency situations. Methods and Materials. The author used methods of structural analysis and synthesis, historical and legal comparative method, formal legal method, and method of legal modeling. Analysis. The author studied A. Lincoln’s extra-constitutional authority to emancipate slaves, suspend the Habeas Corpus Act, create a volunteer army, and declare a naval blockade. On the basis of legal sources, we carried out the analysis of F. Roosevelt’s decisions on the creation of courts-martial and the internment of people of Japanese descent; reviewed the activities of G. Bush after the September 11 attacks and D. Trump’s emergency measures related to building the border wall in the south of the USA. Results. During the research, we found, that each military, economic, or social crisis increased the political significance and role of the executive branch in emergencies. We can characterize the increase of the emergency powers, delegated to the US Presidents, as steadily growing due to the crises that took place in various periods of American history. It was proved, that the precedents of emergency measures created by A. Lincoln, F. Roosevelt and George W. Bush had a long-term impact on the actions of the next US Presidents, opening up new legal opportunities for the use of emergency powers. At the same time, Congress and the US Supreme Court have taken a controversial stance on the validity of the President’s actions at various historical stages. Most of the time, the status of the legislative and judicial branches of government, as well as the understanding of “emergency situation” itself depended on the specific case and practical political needs.


2019 ◽  
Vol 11 (2) ◽  
pp. 182-210 ◽  
Author(s):  
Christian Kreuder-Sonnen

AbstractThis paper applies the concept of emergency powers to the crisis politics of international organizations (IOs). In the recent past, IOs like the UN Security Council, the WHO, and the EU have reacted to large-scale crises by resorting to assertive governance modes bending the limits of their competence and infringing on the rights of the rule-addressees. In contrast to rational and sociological institutionalist notions of mission creep, this paper submits that this practice constitutes ‘authority leaps’ which follow a distinct logic of exceptionalism: the expansion of executive discretion in both the horizontal (lowering of checks and balances) and the vertical (reduction of legal protection of subjects) dimension, justified by reference to political necessity. This ‘IO exceptionalism’, as argued here, represents a class of events which is observable across fundamentally different international institutions and issue areas. It is important not least because emergency politics tend to leave longer-term imprints on a polity’s authority structures. This article shows that the emergency powers of IOs have a tendency to normalize and become permanent features of the institution. Thus IO exceptionalism and its ratcheting up represent a mechanism of abrupt but sustainable authority expansion at the level of IOs.


Author(s):  
Toke Haunstrup Christensen ◽  
Kirsten Gram-Hanssen ◽  
Mette Hove Jacobsen

Household appliances and electronics have massive environmental implications caused by the consumption of energy and scarce materials and the release of hazardous chemicals related to production, use, and disposal as well as social issues related to working conditions and the north-south division in production and waste handling. Still, political consumerism is quite absent from this field. Public policy measures within this area include energy labels and product policies as well as some consumer campaigns. This chapter argues that the main reasons behind the environmental problems related to these products are the growing number and frequent replacement of products. However, this is practically missing in public policymaking and only marginally dealt with through initiatives of political consumerism. This chapter documents the relative absence of political consumerism in the field of electronics and household appliances and discusses how to understand this in relation to different types of social drivers behind consumption.


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