Emergency Public Health Powers in Comparative Perspective

Most legal commentators have bemoaned the lurch towards swollen executive powers during the lockdown. Yet that was a nearly universal, and pretty much essential, facet of the response to the pandemic. What makes this situation somewhat unusual is not so much the resort to outsized administrative power but the extraordinarily long period of executive law-making by delegated legislation or decree powers. This talk will explore various accountability mechanisms employed to scrutinize such law-making, and in particular the parliamentary control of executive rule-making. It will explore the need for upstream involvement of opposition parties in the executive rule-making process in a protracted public health emergency.