Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-2pzkn Total loading time: 0 Render date: 2024-05-17T20:54:26.690Z Has data issue: false hasContentIssue false

Introduction

Published online by Cambridge University Press:  12 March 2021

Alan Greene
Affiliation:
University of Birmingham
Get access

Summary

It was mid-March 2020 in Birmingham in the UK and everything was normal. Friends met friends for coffee, embracing each other with a warmth, as friends do. People side-stepped the homeless person on the pavement outside the train station, avoiding eye contact as they hurried on. Shops were full. Restaurants were full. Everything was normal. It was one of the most surreal experiences of my life.

As an Irish person living in the UK, I consume media from both countries. In mid-March 2020, Ireland was already in lockdown in response to the COVID-19 pandemic; meanwhile in the UK, the government seemed considerably more reluctant to close things down. It was like living in two parallel universes, where Irish media coverage hunkered down, bracing itself for the oncoming storm; at the same time, the UK kept calm and carried on, debating the merits of ‘herd immunity’. Eventually, the UK followed suit, although it would ultimately end up with the highest death toll in Europe.

This is a book about the COVID-19 pandemic. It is a reflection on some of the key issues raised by this pandemic. It explores how law can accommodate necessary responses to such an extreme crisis but also, how law can – and should – control these responses too.

Chapter One (The Pandemic State of Emergency) outlines a theory of states of emergency, demonstrating that these provisions in constitutions and international treaties are designed to quarantine exceptional powers to exceptional situations. I show how pandemics are, very much, a threat that can be accommodated by states of emergency and further, that this response was taken by some states but not by others during the COVID-19 pandemic.

Chapter Two (Pandemics and Human Rights: Non-Derogable Rights) then discusses the human rights implications of state responses to pandemics, articulating a theory of human rights that best encapsulates what I term their ‘emancipatory potential’ – by this I mean human rights’ potential to not simply prevent the state or others from encroaching upon a person's freedom but also to empower a person and take control of one's life.

Type
Chapter
Information
Publisher: Bristol University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Introduction
  • Alan Greene, University of Birmingham
  • Book: Emergency Powers in a Time of Pandemic
  • Online publication: 12 March 2021
  • Chapter DOI: https://doi.org/10.46692/9781529215434.001
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Introduction
  • Alan Greene, University of Birmingham
  • Book: Emergency Powers in a Time of Pandemic
  • Online publication: 12 March 2021
  • Chapter DOI: https://doi.org/10.46692/9781529215434.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Alan Greene, University of Birmingham
  • Book: Emergency Powers in a Time of Pandemic
  • Online publication: 12 March 2021
  • Chapter DOI: https://doi.org/10.46692/9781529215434.001
Available formats
×