The constitutional legitimacy of the action of the Parliament during the right of exception in Spain

The health emergency of the COVID-19 virus has fully impacted global society, causing transformative effects in the economic, social, political and environmental order. These changes imply a challenge to the rule of law, the division of powers and the protection of fundamental rights.

In this context, the rules of the right of exception in Spain and the possibility of limiting or suspending rights under its regime have been highly questioned. A controversy has been generated about the legal-constitutional viability of the state of alarm to restrict freedom of movement, the right of assembly and freedom of business. Specifically, the legal formula of the right of exception has been questioned. In addition, it has been discussed whether the restrictions on rights and the measures adopted during the right of exception by the Parliament were legitimate from a constitutional point of view. This work analyzes the constitutional legitimacy of the Parliament’s actions during this extraordinary period.