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This book explores the resilience of constitutional government in the wake of the COVID-19 pandemic, connecting and comparing perspectives from ten countries in sub-Saharan Africa to global trends. In emergency situations, such as the COVID-19 pandemic, a state has the right and duty under both international law and domestic constitutional law to take appropriate steps to protect the health and security of its population. Emergency regimes may allow for the suspension or limitation of normal constitutional government and even human rights. Those measures are not a license for authoritarian rule, but they must conform to legal standards of necessity, reasonableness, and proportionality that limit state action in ways appropriate to the maintenance of the rule of law in the context of a public health emergency. Bringing together established and emerging African scholars from ten countries, this book looks at the impact government emergency responses to the pandemic have on the functions of the executive, the legislature, and the judiciary, as well as the protection of human rights. It also considers whether and to what extent government emergency responses were consistent with international human rights law, in particular with the standards of legality, necessity, proportionality, and non-discrimination in the Siracusa Principles.
This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
This open access book offers unique insights into how governments and governing systems, particularly in advanced economies, have responded to the immense challenges of managing the coronavirus pandemic and the ensuing disease COVID-19. Written by three eminent scholars in the field of the politics and policy of crisis management, it offers a unique ‘bird’s eye’ view of the immense logistical and political challenges of addressing a worst-case scenario that would prove the ultimate stress test for societies, governments, governing institutions and political leaders. It examines how governments and governing systems have (i) made sense of emerging transboundary threats that have spilled across health, economic, political and social systems (ii) mobilised systems of governance and often fearful and sceptical citizens (iii) crafted narratives amid high uncertainty about the virus and its impact and (iv) are working towards closure and a return to ‘normal’ when things can never quite be the same again. The book also offers the building blocks of pathways to future resilience. Succeeding and failing in all these realms is tied in with governance structures, experts, trust, leadership capabilities and political ideologies. The book appeals to anyone seeking to understand ‘what’s going on?’, but particularly academics and students across multiple disciplines, journalists, public officials, politicians, non-governmental organisations and citizen groups.
Democracy in crisis -- Pandemic resilience -- Federalism is an asset -- A transformed peace: an agenda for healing our social contract.
Examines the most important democratic challenges of today, using the Covid-19 pandemic as a case study.
Public health was the immediate concern when the Covid-19 pandemic struck in Asia, then in Europe and other parts of the world. The response of our education systems is no less vital. Higher education has played a major role in responding to the pandemic and it must help shape a better, more equitable and just post-Covid-19 world. This book explores the various responses of higher education to the pandemic across Europe and North America, with contributions also from Africa, Asia and South America. The contributors write from the perspective of higher education leaders with institutional responsibility, as well as from that of public authorities or specialists in specific aspects of higher education policy and practice. Some contributions analyze how specific higher education institutions reacted, while others reflect on the impact of Covid-19 on key issues such as internationalization, finance, academic freedom and institutional autonomy, inclusion and equality and public responsibility.The book describes the various ways in which higher education is facing the Covid-19pandemic. It is designed to help universities, specifically their staff and students as well as their partners, contribute to a more sustainable and democratic future.
This comprehensive scholarly book on comparative federalism and the Covid-19 pandemic is written by some of the world’s leading federal scholars and national experts. The Covid-19 pandemic presented an unprecedented emergency for countries worldwide, including all those with a federal or hybrid-federal system of government, which account for more than 40 per cent of the world’s population. With case studies from 19 federal countries, this book explores the core elements of federalism that came to the fore in combatting the pandemic: the division of responsibilities (disaster management, health care, social welfare, and education), the need for centralisation, and intergovernmental relations and cooperation. As the pandemic struck federal countries at roughly the same time, it provided a unique opportunity for comparative research on the question of how the various federal systems responded. The authors adopt a multidisciplinary approach to question whether federalism has been a help or a hindrance in tackling the pandemic. The value of the book lies in understanding how the Covid-19 pandemic affected federal dynamics and how it may have changed them, as well as providing useful lessons for how to combat such pandemics in federal countries in the future. This book will be of great interest to students and scholars of politics and international relations, comparative federalism, health care, and disaster management. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Politics in the United States has become increasingly polarized in recent decades. Both political elites and everyday citizens are divided into rival and mutually antagonistic partisan camps, with each camp questioning the political legitimacy and democratic commitments of the other side. Does this polarization pose threats to democracy itself? What can make some democratic institutions resilient in the face of such challenges? Democratic Resilience brings together a distinguished group of specialists to examine how polarization affects the performance of institutional checks and balances as well as the political behavior of voters, civil society actors, and political elites. The volume bridges the conventional divide between institutional and behavioral approaches to the study of American politics and incorporates historical and comparative insights to explain the nature of contemporary challenges to democracy. It also breaks new ground to identify the institutional and societal sources of democratic resilience.
To understand how politics, the economy, and public policy function in the world’s largest democracy, an appreciation of federalism is essential. Bringing to surface the complex dimensions that affect relations between India’s central government and states, this short introduction is the one-stop account to federalism in India. Paying attention to the constitutional, political, and economic factors that shape Centre–state relations, this book stimulates understanding of some of the big dilemmas facing India today. The ability of India’s central government to set the economic agenda or secure implementation of national policies throughout the country depends on the institutions and practices of federalism. Similarly, the ability of India’s states to contribute to national policy making or to define their own policy agendas that speak to local priorities all hinge on questions of federalism. Organised in four chapters, this book introduces readers to one of the key living features of Indian democracy.
In March 2017, the president of Ghana, Nana Addo Dankwa-Akufu announced his intention to build a national cathedral to the people of Ghana. The announcement elicited watertight counter arguments that morphed into two a priori re-litigated assumptions: First, Ghana is a secular country and second, religion and state formation are incompatible. Informed by a frustrating paradox of an overwhelming religious presence and concurrent pervasive corruption in the country, public conversation reached a cul-de-sac of “conviction without compromising.” In The Political Economy of Heaven and Earth in Ghana, Charles Prempeh deploys the national cathedral as an entry point to provide both interdisciplinary and autoethnographic understanding of religion and politics. The book shows the capacity of religion, when properly cultivated and curated as a worldview to answer the why questions of life, will foster personal, moral, collective and ontological responsibility. All this is needed to stem the tide against corruption, commodity fetishism, environmental degradation (illegal mining—galamsey), heritage destruction and religious exploitation. Prempeh recuperates a historical fact about the mutual inclusivity between religion and politics—politics helping to manage differences, while religion provides a transcendental reason for unity to be forged for human flourishing. Separating the two is, therefore, ahistorical and an obvious threat to the intangible virtues that answers, “why and how” questions for public governance.