July 4 @ 13:15 - 14:45 Wroclaw (CEST)
The separation of powers in the aftermath of the pandemic
The pandemic has led to major alterations in the way the executive relates to other branches of government. On the one hand, parliaments, which normally have the reserved power to regulate certain matters in view of their importance, have seen the scope of executive rulemaking expand. This process has challenged the limits defined by the Constitutions to distribute tasks between the legislature and the executive branch in order to guarantee a high level of democratic legitimation of the rules that affect citizens’ rights and freedoms. On the other hand, the response to the health crisis from administrative bodies has originated in the exercise of wide discretionary powers, in some countries specifically granted to deal with a variety of crises. This has also challenged the rules that establish how judicial control over administrative action must be conducted under normal circumstances. The purpose of this panel is to explore these transformations from a comparative perspective.