States of Emergency, simultaneous overreach and underreach and the COVID-19 Pandemic

Steuer, Max (2023) States of Emergency, simultaneous overreach and underreach and the COVID-19 Pandemic. European Journal of Risk Regulation, 15 (1). pp. 87-101. ISSN 1867-299X | 2190-8249

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Abstract

Previous research has neglected how repeated declarations of states of emergency (SsoE) in response to the same emergency may combine with executive overreach and underreach within a single jurisdiction, undermining the authority of the SsoE as a legal institution and increasing the vulnerability of the constitutional system as a result. This article examines how decision-makers’ commitment to a culture of justification is central to avoiding emergency mismanagement via underreach, overreach or their combination. The simultaneous instances of executive overreach and underreach as emergency management failures are studied via the Slovak case, which was celebrated for its initial response to the COVID-19 pandemic but castigated for its failure to contain the subsequent waves. The analysis of the legal framework of the SsoE and the justifications for SsoE declarations uncovers the lack of justifications for the patterns of simultaneous executive underreach and overreach, underscoring the elusiveness of these categories. The limited justifications for the decisions demonstrated by the “government in panic” point to the undermining of the SsoE as a legal institution. The article concludes with highlighting how leaders’ role conceptions as democratic emergency managers might be necessary to sustain the authority of the SsoE

Item Type: Article
Keywords: COVID-19 Pandemic | Culture of Justification | Slovakia | States of Emergency
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
Social Sciences and humanities > Social Sciences > Safety Research
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 15 Dec 2023 10:31
Last Modified: 19 Apr 2024 05:46
Official URL: https://doi.org/10.1017/err.2023.82
URI: https://pure.jgu.edu.in/id/eprint/7049

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