The One Year Emergency, by Raúl Ilargi Meijer

Those of us who said at the outset that this state of emergency would never end are being proven right. From Raúl Ilargi Meijer at the automatic earth.com:

One year into the continuing COVID emergency, it’s high time to ask questions about the “legal status” of various measures and restrictions applied by various governments- as well as their other policies. Having those questions asked out in the open is good for everyone, not least for the governments themselves. If only because a government doesn’t make law, it is only supposed to abide by it while governing.

Which means the law has to be tested by courts. That someone would have to start a court case to do this in these unusual and “extreme” times is already a step too far; courts should take that upon themselves (and I know, courts don’t usually do that). Whenever a government announces another measure or restriction, its legality should be tested immediately. It is not a good sign that this hardly appears to happen. The government itself should initiate the process.

Imagine if a court waits a year or more to issue an opinion on the measures, and finds -some of- them to be illegal. How do you explain that to people, as a government, or as a court? People who’ve lost their jobs, their savings, their businesses, and are then told it was all illegal to begin with?! Nobody should want that mess.

Much of what governments decide is presented as being justified by the term “emergency”. But this particular “emergency” has lasted for a year now, and you could begin by asking a court how long an “emergency” can and should be able to last. Also, what extra powers can a government claim just because it chooses to label something an emergency? Before you know it, it starts to feel like a dictatorship.

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