Constitutional Performance Assessment In The Time Of A Pandemic

The COVID-19 pandemic not only ravaged human bodies but also had profound and possibly enduring effects on the health of political and legal systems, economies and societies. Almost overnight, governments imposed the severest restrictions in modern times on rights and freedoms, elections, parliaments and courts. Legal and political institutions struggled to adapt, creating a catalyst for democratic decline and catastrophic increases in poverty and inequality. This handbook analyses the global pandemic response through five themes: governance and democracy; human rights; the rule of law; science, public trust and decision making; and states of emergency and exception. Containing 12 thematic commentaries and 25 chapters on countries of diverse size, wealth and experience of COVID-19, it represents the combined effort of more than 50 contributors, including leading scholars and rising voices in the fields of constitutional, international, public health, human rights and comparative law, as well as political science, and science and technology studies. Taking stock after the onset of global emergency, this book provides essential analysis for politicians, policy-makers, jurists, civil society organisations, academics, students and practitioners at both national and international level on the best, and most concerning, practices adopted in response to COVID-19 – and key insights into how states and multilateral institutions should reform, adapt and prepare for future emergencies.

There are various challenges to democracy which have worsened during the Covid-19 pandemic. Some countries have experienced democratic backsliding and other problems from the perspective of democratic participation, human rights and the rule of law. To discuss these issues in the context of the Philippines, a webinar entitled ‘Democracy Talks in Manila: The Role of Youth Voices in Democracy’ was organized in December 2020 by the Embassy of Sweden in Manila, International IDEA and the Program on Social and Political Change at the University of the Philippines Center for Integrative and Development Studies (UP CIDS). The webinar was part of the Swedish Government’s Drive for Democracy initiative, and among the participants were students, youth leaders and youth advocates of democracy and human rights.

This book provides a novel in-depth study of the early pandemic response policy at the intersection of political economy and law. It explores: (1) whether the responses to COVID-19 were democratically accountable; (2) the ways in which new surveillance and enforcement techniques were adopted; (3) the new monetary and fiscal policies which were implemented; (4) the ways in which employed and unemployed persons were differently impacted by the new policies; and (5) how companies were economically sustained through the pandemic. A compelling look at what happens to societies when disaster strikes, this book will be of interest to legal scholars, political scientists and economists.

In the context of the COVID-19 pandemic, this edited volume revisits the framework of human security and development. It examines the protection-empowerment nexus as applied to various vulnerable groups and populations affected by the pandemic. While the conventional human security literature has focused on top-down protection, this book offers new perspectives on human security by exploring bottom-up empowerment from both theoretical and practical perspectives. It also encourages readers to rethink the agency of vulnerable people in addressing the challenges posed by the pandemic. Through eight case studies from Southeast Asia and Japan, the contributors to this book demonstrate the importance of empowerment in achieving human security. They focus on the responses of vulnerable groups and communities to multiple threats to their lives, livelihoods, and dignity. The chapters discuss key human security concerns, such as poverty, the environment, food, forced migration, gender, health, aging, peace, and justice – all of which have been compounded and exacerbated by the COVID-19 pandemic. An essential resource for students and scholars of human security in the aftermath of COVID-19 and its wider impacts. 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 (CC-BY-NC-ND) 4.0 license.

This edited volume examines the multifaceted impact of the COVID-19 pandemic on peoples and states in East Asia. The book brings together selected case studies in Southeast Asia and the wider East Asian region that analyse how states in the region have responded to the pandemic and its multi-dimensional threats to human security, including risks of atrocity crimes. In the context of protecting human security and upholding the Responsibility to Protect (R2P), the work analyses how such a consequential crisis has compounded socio-economic and political problems, exacerbated societal fault lines, and created new types of risks for people’s safety and security. Using the United Nations Framework of Analysis for Atrocity Crimes: A Tool for Prevention, the book presents seven case studies that identify relevant risks factors confronting selected countries and the extent to which the global pandemic has magnified and/or exacerbated such risks for affected populations. It draws key lessons on how states should manage extant and emerging risks for atrocity crimes and how they can build and enhance their capabilities for preventing atrocities in both conflict-affected and relatively stable states, particularly within the context of Pillar 1 (prevention) and Pillar 2 (capacity building) of the R2P principle. This book will be of much interest to students of the Responsibility to Protect, humanitarian protection, Asian politics, International Relations, and Security studies.

Rodrigo Duterte’s rise and the Marcoses’ return to power have captivated Southeast Asia watchers and the rest of the world. That the spectacle of strongman rule has allured most Filipinos is no longer in doubt, with the strong electoral mandate garnered by Ferdinand Marcos Jr. in 2022. Whether their capture of state power is in any way connected and what this portends about the country’s democratic future is a key theme marking Games, Changes, and Fears. In this volume, Filipino academics and practitioners provide much needed analysis about this political succession and what it means for Asia’s oldest republic. Packed with thirteen chapters depicting insightful trends and prognosis on the Philippine economy, domestic politics, foreign policy, and society, this volume offers scholars, students, and policymakers with the analytical repertoire to understand developments in the Philippines. Overall, the chapters suggest that while some policies and practices continue under the Marcos Jr. administration, there have been pivotal changes indicating a break from the past. The chapters offer key policy recommendations critical in recalibrating Philippine political, economic, and social conditions that could address democratic backsliding, economic challenges, and societal polarization. "This carefully curated volume offers a judicious assessment of the political legacy of Rodrigo Duterte in key policy areas and the continuities and changes marking the transition to the Ferdinand Marcos, Jr. administration. Games, Changes, and Fears lays out a number of important insights—the formation of dynastic cartels, erosion of democratic values and civil liberties, securitization of governance, politicization of the information ecosystem, emergence of new political actors, and politics of fear, violence, and misogyny—that deepen our understanding of Philippine politics and society while providing portents of, and object lessons in, the struggle for substantive democracy in neighbouring Southeast Asian countries and the world." -- Caroline S. Hau, Professor, Center for Southeast Asian Studies, Kyoto University "In the wake of Rodrigo Duterte’s populist rule, the Philippines stands at a critical juncture, grappling with the aftermath of profound political and policy changes. As the nation enters a new era under Marcos Jr.’s presidency, questions loom large over the future of democracy and governance. This edited volume offers a multifaceted analysis of Duterte’s legacy, providing essential insights into the trajectory of Philippine politics and society." -- Yuko Kasuya, Professor, Faculty of Law, Keio University "This is a superb survey of Philippine politics during the Rodrigo Duterte administration and the early years of the Bongbong Marcos presidency. Written by Filipino scholars based in Philippine universities and research institutions, this unique compilation of essays provides a keen and grounded analysis of political developments in the country. In doing so, this volume showcases the strength and value of Filipino scholarship on Philippine politics. It is essential reading for anyone who wants to understand the impact and legacy of the Duterte years." -- Erik Martinez Kuhonta, Associate Professor, McGill University

Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.

This book examines the public health responses to the COVID-19 pandemic in the Asia-Oceania region and their implications for democratic backsliding in the period January 2020 to mid-2021. The contributions discuss three key questions: How did political institutions in Asia-Oceania create incentives for effective public health responses to the COVID-19 outbreak? How did state capacities enhance governments’ ability to implement public health responses? How have governance responses affected the democratic quality of political institutions and processes? Together, the analyses reveal the extent to which institutions prompted an effective public health response and highlights that a high-capacity state was not a necessary condition for containing the spread of COVID-19 during the early phase of the pandemic. By combining quantitative and qualitative analyses, the volume also shows that the effect of the COVID-19 pandemic on the quality of democratic institutions has been uneven across Asia-Oceania. Guided by a comprehensive theoretical framework, this will be an invaluable resource for scholars and students of political science, policy studies, public health and Asian studies.

Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.