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Constitutional Resilience and the COVID-19 Pandemic - Perspectives from Sub-Saharan Africa (Hardcover, 1st ed. 2022)
Loot Price: R3,552
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Constitutional Resilience and the COVID-19 Pandemic - Perspectives from Sub-Saharan Africa (Hardcover, 1st ed. 2022)
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This book explores the resilience of constitutional government in
the wake of the COVID-19 pandemic, connecting and comparing
perspectives from ten countries in sub-Saharan Africa to global
trends. In emergency situations, such as the COVID-19 pandemic, a
state has the right and duty under both international law and
domestic constitutional law to take appropriate steps to protect
the health and security of its population. Emergency regimes may
allow for the suspension or limitation of normal constitutional
government and even human rights. Those measures are not a license
for authoritarian rule, but they must conform to legal standards of
necessity, reasonableness, and proportionality that limit state
action in ways appropriate to the maintenance of the rule of law in
the context of a public health emergency. Bringing together
established and emerging African scholars from ten countries, this
book looks at the impact government emergency responses to the
pandemic have on the functions of the executive, the legislature,
and the judiciary, as well as the protection of human rights. It
also considers whether and to what extent government emergency
responses were consistent with international human rights law, in
particular with the standards of legality, necessity,
proportionality, and non-discrimination in the Siracusa Principles.
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