The relationship between democratic legitimation and the defence of constitutional rights during the pandemic

Constitutional freedoms are being restricted severely during the pandemic not because this is the only way to save lives, but because of the unwillingness of the representatives to assume their responsibility and turn the opinion of experts into just policies and durable solutions. In times of a health crisis, a robust health system is needed, along with just social and economic policies. When representatives do not take action to ensure these, instead they form a protected elite, constitutional rights are in danger by restrictions, as the most simple solution. Disappointed, people will turn, in the most optimistic scenario, to the Constitution for protection, either as a legal text or as a political symbol of equality and freedom. Legitimisation of the measures is equated then with their constitutionality, as it is declared by academic scholars or the courts. However, whether constitutional or not, the legitimation of these measures will be finally estimated in the next elections.