Gilad Abiri (Yale Law School; MacMillan Center, Yale University) & Sebastian Guidi (Yale Law School) have posted The Pandemic Constitution (Columbia Journal of Transnational Law, Forthcoming) on SSRN. Here is the abstract:
Pandemics threaten the health of our bodies and economies. They also threaten the health of our political and legal institutions. When COVID-19 hit, governments were utterly unprepared to meet the challenge. So were judges. Tasked with adjudicating the constitutionality of unprecedented lockdowns and emergency restrictions, and lacking recent precedents or scholarship to help them reflect, they reacted incoherently and ineffectively. To successfully meet the next, inevitable pandemic we must learn from our current hardships and devise a set of constitutional tools tailored to deal with public health emergencies. We need a pandemic constitution.
Recommended.