IDEAS home Printed from https://ideas.repec.org/a/asr/journl/v14y2024i1p5-26.html
   My bibliography  Save this article

Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic

Author

Listed:
  • Gabor Kecso

    (Eotvos Loránd University, Faculty of Law, Budapest, Hungary)

  • Boldizsar Szentgali-Toth

    (Centre for Social Sciences, Institute for Legal Studies, Budapest, Hungary)

  • Bettina Bor

    (Centre for Social Sciences, Institute for Legal Studies, Budapest, Hungary)

Abstract

This contribution will interpret conflict between an emergency order and an ordinary law as a special case of norm collision and will revisit the constitutional review of such cases through this lens. First, the theoretical framework of emergencies will be taken into account, and then, based on the relevant constitutional case law of Austria, Germany, Hungary, Romania and Slovenia delivered during the recent public health emergency, a comparative analysis will investigate the most popular techniques to outline the scope of emergency regulation. Finally, based on this research, a three-step analysis will be proposed for constitutional courts to approach such issues by taking into account either the theoretical, the formal and the substantial aspects of the case. Apart from highlighting the role of constitutional review to establish the objective limits of emergency regulations, we also aim at giving additional weight on the formal and the theoretical prongs of the assessment of extraordinary state interferences, which have been consistently underestimated in our sense.

Suggested Citation

  • Gabor Kecso & Boldizsar Szentgali-Toth & Bettina Bor, 2024. "Emergency Regulations Entailing a Special Case of Norm Collision Revisiting the Constitutional Review of Special Legal Order in the Wake of the COVID-19 Pandemic," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 14(1), pages 5-26, March.
    • Handle: RePEc:asr:journl:v:14:y:2024:i:1:p:5-26
    as

    Download full text from publisher

    File URL: https://tribunajuridica.eu/arhiva/y14v1/1.%20Boldizsar%20et%20all.pdf
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    constitutional law; norm collision; hierarchy of law; emergency; constitutional review; Covid-19 pandemic;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K19 - Law and Economics - - Basic Areas of Law - - - Other

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:asr:journl:v:14:y:2024:i:1:p:5-26. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catalin-Silviu Sararu (email available below). General contact details of provider: https://edirc.repec.org/data/aseeero.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.