The Constitutional Court in the face of the pandemic emergency (SSTC148/2021, 168/2021 and 183/2021)

Authors

  • Alberto López Basaguren Universidad del País Vasco

DOI:

https://doi.org/10.18042/cepc/redc.125.08

Abstract

The case-law issued so far by the Constitutional Court on the state of emergency addresses most of the fundamental issues that have been the subject of
academic controversy surrounding the pandemic. In this paper the autor has tried to avoid a simple statement or account of the issues, facts and legal grounds on which the court bases its decision. Although always with reference to the decisions taken by the court —to which the autor is vey critical— it has been taken as an opportunity for an analysis of the issues that have been the subject of heated debate within the community of lawyers in recent times. In this way, it offers, at the same time, a defence of the rightness of the constitutional —and legal— provision of the state of alarm and of the interpretation which the autor considers should be defended.

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Published

2022-09-13

How to Cite

López Basaguren, A. (2022). The Constitutional Court in the face of the pandemic emergency (SSTC148/2021, 168/2021 and 183/2021). Revista Española De Derecho Constitucional, (125), 237–282. https://doi.org/10.18042/cepc/redc.125.08

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES