The State of Exception under German Law and the Current Pandemic: Comparative Models and Constitutional Rights

Authors

  • Anna-bettina Kaiser Humboldt University of Berlin, Unter den Linden 6, D-10099 Berlin

Keywords:

State of Exception; Constitutional Rights; German Law; COVID-Pandemic

Abstract

The Federal Republic of Germany is experiencing its first de facto state of exception. This article first addresses what actually constitutes a state of exception under German law, by comparing the German model to models followed in other jurisdictions, especially with regard to constitutional rights (1.). It then considers the constitutionality of the most important German measures taken so far against the COVID-pandemic (2.).

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Published

03-12-2020

Issue

Vol. 7 No. 3 (2020): Constitutional Law of Exception in Germany: A new model for states of emergency?

Section

Thematic Issue

License

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