Impacts of the Covid-19 Pandemic

Nadav Morag is Professor of Security Studies and Chair of the Department of Security Studies at Sam Houston State University. He also serves on the faculty of the Center for Homeland Defense and Security (CHDS), Naval Postgraduate School. He is the author of Comparative Homeland Security: Global Lessons, 2nd Edition (Wiley and Sons, 2018) and has authored numerous articles and book chapters on terrorism, strategy and the Middle East.

IMPACTS OF THE COVID-19 PANDEMIC
 
Enables Readers to Understand the Impact of International Legislative and Policy Responses to the COVID-19 Pandemic
 
The wide array of legal and policy responses to the COVID-19 pandemic have significant implications regarding the functioning of countries and their respective societies. This book addresses the impact of international legislative and policy responses to the COVID-19 pandemic in a range of countries.
 
To aid the reader in understanding country-specific developments, each chapter focuses on a specific country and addresses the legal frameworks and policy approaches used to support measures to prevent transmission and otherwise reduce the impact of the virus on society and the economy. Sample topics discussed in the work include:
* The effect certain policies may have on civil liberties, such as due process, and the right to privacy in specific countries
* The provision of public goods in the face of the pandemic
 
Policymakers in public health agencies and other branches of government, along with academics studying global pandemic response, homeland security, and emergency management will be able to use this book as a comprehensive resource to understand the current state of COVID-19 policies around the world and the potential future effects of these policies.

Notes on Contributors xiii
 
Foreword xv
 
Preface xix
 
Section 1 Countries with a Focus on the Rule of Law and Legal Protections of Civil Liberties 1
 
1 The Netherlands: Dutch COVID-19 Policy Viewed from a Fundamental Rights Perspective 3
Adriaan J. Wierenga and Jorrit Westerhof
 
1.1 Introduction 3
 
1.2 Disaster Management in the Netherlands 4
 
1.2.1 Functional and General Chain of Command 4
 
1.2.2 The COVID-19 Crisis 5
 
1.3 The Public Health Act 2008 (Functional Chain of Command) 5
 
1.3.1 National Crisis Structure 6
 
1.3.2 Measures 7
 
1.4 Municipal Emergency Powers (General Chain of Command) 8
 
1.4.1 Areas of Tension 8
 
1.4.2 Debatable Limitations of Fundamental Rights 9
 
1.4.3 Democratic Control and Administrative Supervision 10
 
1.5 Interim COVID-19 Measures Act (Addition to the Functional Chain of Command) 11
 
1.5.1 Improvements and Shortcomings 12
 
1.5.2 Legitimate Limitation of Fundamental Rights 12
 
1.5.3 Stricter Democratic Control 13
 
1.6 National Emergency Law 14
 
1.6.1 Separate Implementation 15
 
1.6.2 Criticism 16
 
1.6.3 The Curfew Case 17
 
1.7 Conclusion 18
 
References 19
 
2 Emergencies, Executive Power, and Ireland's Response to the Covid-19 Pandemic 23
Alan Greene
 
2.1 Introduction 23
 
2.2 Ireland's Constitutional Emergency Framework 24
 
2.2.1 International Human Rights Law 26
 
2.3 Ireland's Pandemic Response and Constitutional Constraints 27
 
2.3.1 Pandemic Rent Controls and Constitutional Constraints 28
 
2.3.2 Executive Supremacy and the COVID-19 Pandemic 29
 
2.4 Ireland's Pandemic Response and Human Rights 31
 
2.4.1 The Pandemic and the Right to Liberty 31
 
2.4.1.1 Mandatory Hotel Quarantine 32
 
2.4.2 Quarantine and Detention at Home 34
 
2.5 Data Protection, Surveillance, and Discrimination Issues 36
 
2.5.1 Vaccination and Vaccine Passports 37
 
2.6 COVID-19 and the Rule of Law in Ireland 38
 
2.7 Conclusions 39
 
3 COVID-19: Legal Lessons Learned in Switzerland 41
Felix Uhlmann
 
3.1 Introduction 41
 
3.2 Legal Framework 41
 
3.2.1 Legal Framework before COVID-19 (Swiss Epidemics Act) 41
 
3.2.1.1 Scope and Goals 41
 
3.2.1.2 Normal, Particular, and Extraordinary Situations 42
 
3.2.1.3 Measures 44
 
3.2.2 Legal Framework Under COVID-19 45
 
3.2.2.1 First and SecondWave 45
 
3.2.2.2 Financial Aid 47
 
3.2.2.3 The Federal Council and Other Actors 48
 
3.3 Contact Tracing App 48
 
3.4 Fundamental Rights (Civil Liberties) 50
 
3.4.1 Restrictions on Daily Life 50
 
3.4.2 Vaccinations 52
 
3.5 Assessment 53
 
References 54
 
4 Not Dead Yet: Protest, Process, and Germany's Constitutional Democracy Amid the Coronavirus Response 59
Carolyn Halladay
 
4.1 The FirstWave: So Far, So Good 60
 
4.2 Proportionality and its Discontents 65
 
4.3 Summer in the City 67
 
4.4 Is it an Emergency Yet? 71
 
4.5 Second Guessing the SecondWave 75
 
4.6 Happily Ever After? 77
 
5 The United Kingdom Legislative Response to Coronavirus: Shotgun or Machine Gun 79
Ronan Cormacain and Duncan Fairgrieve
 
5.1 Introduction 79
 
5.2 Reliance Upon Law 79
 
5.3 Nature of the Legal Framework 80
 
5.3.1 Machine Gun Legislative Response 80
 
5.3.2 Devolution and the Legislative Response 80
 
5.3.3 Overview of the Legislative Fra