Constitutional Challenges to Emergency Measures against Covid-19 Pandemic: Case studies of Japan, South Korea, and Taiwan
Japan, South Korea, and Taiwan have much in common culturally. In terms of legal systems and legal theory, we can also find various commonalities, including the adoption of a liberal and democratic constitutional system. At the same time, however, there are also many differences in specific constitutional orders and legal practices. Hence, the comparison between each other is a treasure trove of implications. The Covid-19 pandemic struck East Asia, requiring governments to take emergency measures that deviated from the ordinary situation. Such extraordinary measures had elements that challenged the existing constitutional order in each East Asian country. This panel will explore the following questions regarding pandemic response in Japan, South Korea, and Taiwan. What legal responses were adopted in each country, why did each country adopt such legal responses, were there any constitutional problems with these legal responses, and if so, how should these problems be overcome?