The Protection of Health Must Take Precedence: Testing the Constitutional State of Crisis in Luxembourg
In times of neoliberalism, it is healthy hearing the Prime Minister Xavier Bettel of Luxembourg say that “the protection of health and life takes precedence over economic interests”. But this declaration came in the context of the recourse to extraordinary emergency powers, on the day before the Government declared the “state of crisis” to face the Coronavirus situation. In Luxembourg, this tool to regulate emergencies has progressively found its path into the Constitution while elsewhere in Europe philosophers or public law professors argued that a constitutional state of emergency entails th... Mehr ...
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Dokumenttyp: | Artikel |
Reihe/Periodikum: | Verfassungsblog, Iss 2366-7044 |
Verlag/Hrsg.: |
Max Steinbeis Verfassungsblog GmbH
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Schlagwörter: | COVID 19 / emergency powers / Rule of Law / Law / K |
Sprache: | Deutsch Englisch |
Permalink: | https://search.fid-benelux.de/Record/base-28693831 |
Datenquelle: | BASE; Originalkatalog |
Powered By: | BASE |
Link(s) : | https://doaj.org/article/d3317d3b61744ba19a78fa5c3c8826dd |
In times of neoliberalism, it is healthy hearing the Prime Minister Xavier Bettel of Luxembourg say that “the protection of health and life takes precedence over economic interests”. But this declaration came in the context of the recourse to extraordinary emergency powers, on the day before the Government declared the “state of crisis” to face the Coronavirus situation. In Luxembourg, this tool to regulate emergencies has progressively found its path into the Constitution while elsewhere in Europe philosophers or public law professors argued that a constitutional state of emergency entails the paradox of “constitutionalising the absence of constitution”. It is therefore important to reflect on the effects of the conjugation of these two discourses into the sanitary crisis and their effect on democracy and human rights protection.