Pandemocracy in Europe: Power, Parliaments and People in Times of COVID-19

Table of Contents\nList of Contributors\nIntroduction and Acknowledgements\nPart I: The Theory – Power, \rPeople and the Crisis\n	1. Lawless Extravagance: The Primacy Claim of Politics and the State of Exception in Times of COVID-19\n		I. The Plague of Lawlessness\n		II. The Primacy Claim of Politics\n		III. The Dangerous Abnegation of the Law and a Kantian Response\n		IV. The State of Emergency: From Paradoxical Voids to Full Powers\n		V. A Kantian Approach to the State of Exception\n		VI. Concluding Remarks\n	2. Abuse of Power and Self-entrenchment as a State Response to the COVID-19 Outbreak: The Role of Parliaments, Courts and the People\n		I. Introduction\n		II. Abuse of Power and Political Self-entrenchment During Ordinary Conditions and During Times of Emergency\n		III. The Difficulty of Facing Political Self-entrenchment During the Pandemic\n		IV. Conclusions\n	3. Democracy, Death and Dying: The Potential and Limits of Legal Rationalisation\n		I. Introduction\n		II. Pre-Requisites of Legal Thanatology\n		III. Legal Thanatology: Rationalisations of Life and Death\n		IV. No Bailout – The Role of Death in the COVID-19 Pandemic in Liberal Democracies\n		V. Conclusion\nPart II: The Practice – Democracies \rand the Pandemic\n	4. Virus Governance in the United Kingdom\n		I. The Constitutional and Political Background\n		II. The Virus Arrives\n		III. The Johnson Government\'s Constitutional Record\n		IV. Virus Governance\n		V. Virus Law\n		VI. Parliamentary Scrutiny\n		VII. The Need for Parliamentary Scrutiny Reasserted\n		VIII. The Second Lockdown\n		IX. Devolved Government and Virus Governance\n		X. England: The Non-devolved Nation\n		XI. \'Northern Republic Now!\'90\n		XII. Conclusions\n	5. Germany – Federalism in Action\n		I. Introduction\n		II. Germany and the COVID-19 Pandemic in 2020\n		III. The Relevant German Legal Framework\n		IV. Critical Evaluation of the German Legal Regime for Pandemics\n		V. The Way Forward: Options for Legal and Political Reform in Germany\n	6. The Marginalisation of Parliament in Facing the Coronavirus Emergency: What about Democracy in Italy?\n		I. Introduction\n		II. Early Legal Reactions to the COVID-19 Crisis in Italy\n		III. The Impact of Reactions to COVID-19 on Democracy in Italy\n		IV. Concluding Remarks\n	7. Swedish Constitutional Response to the Coronavirus Crisis The Odd One Out?\n		I. Introduction\n		II. Swedish Legal Responses to the Coronavirus Crisis\n		III. Legislative Institutions and the Judiciary: Parliamentary Sovereignty\n		IV. The Executive Branch: Command, Control and Delegation\n		V. Questions of Accountability for the Executive Branch\n		VI. Extraordinary Measures in Times of Crises\n		VII. Constitutionalism, Governance, Social Trust and Consensus-building\n		VIII. Concluding Thoughts: Does the Swedish Strategy Lead to an Accountability Deficit?\n	8. Using Emergency Powers in Hungary: Against the Pandemic and/or Democracy?\n		I. Introduction\n		II. The Constitutional Landscape of Emergency Situations in Hungarian Law\n		III. Declaring the First State of Danger\n		IV. The First Authorisation Act\n		V. Crisis Management with Government Decrees\n		VI. The Management of the Legal Consequences of the Emergency Situation\n		VII. State of Danger Reloaded\n		VIII. Conclusions\n	9. Switzerland: The (Missing) Role of Parliament in Times of Crisis\n		I. The COVID-19 Pandemic, a Shutdown of Swiss Democracy?\n		II. From Executive Emergency Ordinances to Parliamentary Emergency Legislation: Parliament\'s Adoption of the COVID-19 Act\n		III. Parliamentary Lawmaking in Times of COVID-19: The Swiss Federal Assembly\'s Adjustment to the Pandemic\n		IV. Conclusion: COVID-19 as a Missed Opportunity for the Swiss Parliament?\n	10. The Hyper-Executive State of Emergency in France\n		I. Introduction: Chronology of the Management of the Health Crisis\n		II. Management of the Health Crisis within the Executive\n		III. Putting Democracy in Parentheses in Times of Crisis\n		IV. Distorting the Rule of Law in the Name of the State of Emergency\n		V. Conclusion\nPart III: Beyond States: Democratic Governance in Times of COVID-19\n	11. Pandemics, Expertise and Deliberation at the International Level\n		I. Introduction\n		II. Unpacking the Mandate of WHO Emergency Committees\n		III. Assessing WHO Emergency Committee Deliberations: Between Input and Output\n		IV. Inside the Black-Box: Technocracy and Health Emergencies\n		V. COVID-19 and the Future of International Deliberation in Health Emergencies\n		VI. Conclusion: Towards Enhanced Pandemic Deliberation at the International Level\n	12. EU Response to Fighting the Coronavirus – Coordination, Support, Action – Heeding its Citizens\' Calls?\n		I. Introduction\n		II. The EU\'s Health-Competences – Limits, Changes, and Concerns\n		III. The EU4Health Programme and the Emergency Support Instrument – Answering Citizens\' Calls and Paving the Way for New EU Competences?\n		IV. Conclusion\n	13. Pandemics and Platforms: Private Governance of (Dis)Information in Crisis Situations\n		I. Introduction\n		II. State Responsibilities and Private Duties Regarding Online Communication\n		III. Platforms in Pandemic Times\n		IV. Conclusion and Outlook\n	14. Digital Human Rights Proportionality During Global Crisis\n		I. The Proportionality Deficit Paradox\n		II. The Five Caveats and the Pandemic\n		III. Conclusion\nPart IV: Conclusions: Pandemics,  Populism and Power\n	15. The Pandemic and Illiberal Constitutional Theories\n		I. Emergency Measures by Illiberal Regimes\n		II. Hungary as a Model Case: From \'Illiberal Democracy\' to Autocracy\n		III. Old and New Normative Justifications for Authoritarian Use of Emergency Power\n		IV. Conclusion\n	16. Populism versus Democracy during a Pandemic: Some Preliminary Considerations\n		I. Populism versus Professionalism?\n		II. Populists in the Face of COVID-19\n		III. Democratic, Non-Populist Politics for a Pandemic and a Post-Pandemic World\n	17. Conclusions: Pandemocracy – Governing for the People, without the People?\n		I. Emergency Approaches in the Pandemic\n		II. The Role of the Parliaments\n		III. Multi-Level Democracy\n		IV. Final Conclusions\nIndex