State of exception and Covid-19 Commentary on the key-note speech The State of Exception under German Law and the Current Pandemic: Comparative Models and Constitutional Rights,

Abstract

The Portuguese Constitution encompasses both the suspension of basic rights and the restriction thereof as instruments to deal with states of exception. However, and in contrast with German law, the absence of a systematic normative framework to face the current pandemic crisis and the legal reaction to its consequences demonstrate the importance of preparedness also in the world of law and rights, and lead to reflections which go straight to the very core of constitutionalism.