Executive rule-making powers in a pandemic context -democracy with flaws?

It is by now evident that the COVID-19 pandemic posed new challenges to the foundations of Public Law, namely to the rule of law and separation of powers. Although the use of emergency powers by the Executive is not new to constitutional theory, in Portugal during these last two years the Government became the leading legislator in what concerns restrictions of fundamental rights. This provides food for thought concerning the extent and oversight of executive rule-making powers.
Through an analysis of some relevant constitutional case-law, this paper aims to understand how the specific constitutional framework regarding fundamental rights restrictions as well as the measures adopted to contain the spread of Covid-19 (such as stay-at-home measures, curfews or social distancing) led the country to a fall from the category of 'fully democratic country' to 'democracy with flaws.', according to The Economist’s Democracy Index 2020 and 2021 editions.