Editorial: COVID-19 Global Pandemic

We are living through unprecedented times. It seems that more than ever before we feel connected yet vulnerable and challenged. The COVID-19 pandemic is causing us to take extreme measures to protect lives including measures of social distancing, closure of schools, restriction of social gatherings and lockdowns of designated areas.

Globally we are facing a dynamic crisis, and early signs are that this crisis will leave behind a permanent impact on life as we know it. It is but natural for us, scholars and students of constitutional law, to ask ourselves at this point the following question: To what good use can we, put our skills and knowledge at this critical point in our history? One clear message that is coming out of this evolving crisis is that unless we preserve the public good and the global commons, human life is not sustainable.

At a time when market-based policies are being used in several jurisdictions to determine service delivery in healthcare and education, we see the limits of that model. At a high cost, we are reminded of the risks to all human life when states do not fulfil their responsibility to guarantee access to basic health care and education. Countries are facing the challenge of ensuring the welfare of individuals who lack job security or a steady income.

Many states have been compelled to make declarations of emergency, in order to use the law to enforce restrictions that would slow the spread of the pandemic. The reach of the state and the law is being felt by us all not only in the public domain but also in the privacy of our homes. Life as we have known it thus far seems to have changed. In this context, so many questions arise. How can we re-imagine the field of constitutional law to assist us in developing better legal frameworks for protecting the public good and the global commons? What does the traditional divide between ‘the public’ and ‘the private’ mean in this context? How can states that are divided by political borders work in solidarity to protect human lives in times of crisis? What lessons can we learn of the value of multi-level government? At a time when countries are closing their borders, how can migrants (legal, illegal, undocumented, etc.) be cared for? How can we strengthen welfare at local and global levels to address extreme inequality within states or globally? How should we deal with the inequalities of access to information technology and the internet? How can we put constitutions to use in seeking answers to these questions? What hope and inspiration can we offer the world through the field of constitutional law? It is our obligation at this time to raise these questions and reflect on them in our communities of learning and inquiry.

In this spirit, this week, we publish three posts that offer reflections on the use of emergency powers in response to the COVID-19 pandemic. These posts offer useful observations on the manner and form of states of exceptions that are being enforced and the risks that are at play. You may be reading these posts from the confines of your home due to voluntary self-isolation, due to quarantine measures or due to a lockdown in your region. Our Blog Team too, is working from home. During these trying times, we wish you courage, good health and good cheer.

Dinesha SAMARARATNE on behalf of Erika ARBAN and Tom Gerald DALY

Co-Editors

Suggested Citation: Dinesha Samararatne, ‘Editorial: COVID-19 Global Pandemic’ IACL-AIDC Blog (24 March 2020) https://blog-iacl-aidc.org/2020-posts/2020/3/24/editorial-covid-19-global-pandemic