Constitutional Challenges in the Age of Covid-19 Pandemic: An Exploratory Research on the Socio-Legal Implications
Research Scholar at Sainath University, Ranchi, Jharkhand, India
Volume III – Issue I, JAN 2023
The COVID-19 pandemic has profoundly impacted the functioning of governments, legal frameworks and societal structures worldwide. Governments globally imposed emergency provisions for lockdowns, restricted movement and implemented health mandates, all of which tested the limits of constitutional safeguards. While these measures aimed to mitigate the public health crisis, they also raised significant questions about civil liberties, such as freedom of movement, privacy and the right to protest. This exploratory research examines the socio-legal implications of such state actions, focusing on how legal systems across different jurisdictions have responded to the unprecedented situation. The study evaluates the extent to which the governments were allowed to enforce such extensive powers and balancing the mechanisms available for judicial review and protection of rights. Case studies from countries with varying legal systems, including democratic and authoritarian regimes highlight the complex interplay between state authority and individual freedoms during crises in this paper. The research also delves into the long-term consequences of these measures on democratic governance, public trust in legal institutions and the role of the judiciary in times of crisis. An analysis through the international human rights standards, the paper seeks to provide a comprehensive understanding of the socio-legal challenges posed by the pandemic and the potential implications for future public health emergencies. The findings emphasize the need for a balanced approach that protects public health while preserving constitutional integrity and human rights.
Keywords: Health, Covid-19, Human Rights, Constitution, Emergency