The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law.
For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas.
At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.
Spis treści
Introduction.- PART I: The Rule of Law – General reflections.- Estado de Derecho y Democracia.- The Rule of Law and Democracy in Latin America.- Rule of Law, Democracy and the digital sector.- Preconditions to avoid constitutional crisis: some reflections on appointment procedure of constitutional justices.- Rule of law as a universal “value”.- Rule of Law Concept and its Development by the EU Constitutional Justice.- PART II: Rule of Law and Pandemic.- The Main Trends in Constitutional Jurisprudence Developed by Constitutional Courts during the COVID-19 Pandemic.- Emergencia y Jurisdicción Constitucional.- Common courts’ right to constitutional review in the face of the threat to the rule of law – the case of Poland.- Pandemic and the Rule of Law.- The emergency in Estonia, fundamental rights and the rule of law.- Limitations of civil rights during a period of introduction of extraordinary measures in Poland vis-à-vis the pandemic caused by the SARS-Co V-2 virus.- Limiting fundamental rights by governmental regulations – An illiberal response to the COVID-19 pandemic in Poland.- Constitutional Restrictions of Human Rights under the State of Emergency.- Health State of Emergency and Management of the Pandemic – The Italian Experience.- The Covid 19 pandemic and Italian constitutional law. Some reflections on the sources of law.- Estado de Derecho y Restricción de Derechos Fundamentales durante la Pandemia en Brasil: La Actuación del Supremo Tribunal.- Protecting the Rule of Law: Once again about the Legitimacy and Competences of the Constitutional Courts.- El Constitucionalismo ante la pandemia del Covid-19 en el Perú.- Rule of Law and the Pandemic – The Experience of the Republic of Moldova.- Estado de Derecho y lesiones de los Derechos Fundamentales en el estado de alarma o emergencia por el COVID-19.- PART III: Conclusion.- Concluding Remarks.
O autorze
Rainer Arnold, University of Regensburg, Regensburg, Germany
Javier Cremades, President of the World Law Association, Cremades & Calvo Sotelo, Madrid, Spain
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