German Law Journal
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held during the pandemic, voters moved decisively away from far right-wing parties using populist
rhetoric and engaging with misinformation about the pandemic.143 In France, however, research
has shown that lower participation levels in municipal elections correlate with factors such as age,
which is an important indicator of COVID-19 vulnerability.144 In other words, vulnerability to
COVID-19 may increase abstentionism amongst voters.
Of fundamental importance to the evolution of constitutionalism more generally are the effects
of the pandemic on the legislative-executive-judicial balance and on the separation of powers.145
As Bonnie Honig reminds us, “Enacting or exacting accountability is one of the essential responsibilities of democratic citizenship.”146 In that respect, the COVID-19 crisis has clearly engendered
significant challenges to both democratic principles and democratic performance.147 Certainly in
the early days of the pandemic, decisions had to be taken in great haste and emergency powers
were often invoked. One early assessment warned of a pandemic of authoritarianism as a result of
the flood of emergency measures.148 Indeed, it is not difficult to mount an argument that excessive
reliance upon executive action on the grounds that it is needed in an emergency may encourage
further authoritarian responses and may lead to long term democratic degradation. It is unfortunate that this should occur at a moment when democracy seems already to be under significant
threat in many countries in an age of populist politics.149 The pandemic has been described as an
“inflection point” for democracies already under stress.150 Yet at the same time, as the rich
country-based data gathered by several projects/observatories151 and the preliminary comparative
research now available152 both highlight, it would be incorrect to generalize or to draw firm
conclusions about what the implications of the pandemic for democracy might be, or whether
it can be said that democracies or autocracies have performed better in relation to combatting
the pandemic.153 The balance is changing over time, and also between countries. The evidence
points in different directions and may be contradictory.154 Furthermore, it is not only the formal
governmental institutions that are relevant here, but also the inputs of scientific experts155 and of
non-governmental organizations and levels of trust in particular countries in both science and
143
Viennese Voters Turn Their Backs on Populist Freedom Party, FIN. TIMES (Oct. 12, 2020), https://www.ft.com/content/
96f211e4-3494-4e55-b124-98729c53c765.
144
Abdul Noury, Abel Francois, Oliver Gergaud & Alexandre Garel, How Does COVID-19 Affect Electoral Participation?
Evidence from the French Municipal Elections, 16(2) PLOS ONE e0247026 (2021).
145
For examples of democratic and judicial oversight, as well as more problematic cases, see Alice Donald & Philip Leach,
Human Rights and COVID-19: Forging Recovery After a Pandemic of Abuses?, VERFBLOG (Apr. 10, 2021), https://
verfassungsblog.de/human-rights-and-covid-19-forging-recovery-after-a-pandemic-of-abuses/.
146
BONNIE HONIG, EMERGENCY POLITICS: PARADOX, LAW, DEMOCRACY, 69 (Princeton Univ. Press 2009).
147
Klaus H. Goetz & Dorte Sindbjerg Martinsen, COVID-19: A Dual Challenge to European Liberal Democracy, 44(5-6) W.
EUR. POL. 1003 (2021).
148
Stephen Thomson & Eric C. Ip, COVID-19 Emergency Measures and the Impending Authoritarian Pandemic, 7(1) J.L. &
BIOSCIS. (2020), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7543595/.
149
Autocratization Turns Viral: Democracy Report 2021, UNIV. GOTHENBURG V-DEM INST. (2001), https://www.v-dem.net/
files/25/DR%202021.pdf.
150
Amit Prakash, Shadow of the Pandemic and the Beleaguered Liberal-Democratic Script in India, 20:2 INDIA REV. 104
(2021).
151
See supra note 1. For executive accountability to parliament. See also UNIV. BIRMINGHAM, THE COVID-19 REVIEW
OBSERVATORY, https://www.birmingham.ac.uk/research/artslaw/projects/cvro.aspx. See also other individual case studies,
such as Jan Petrov, The COVID-19 Emergency in the Age of Executive Aggrandizement: What Role for Legislative and
Judicial Checks?, 8:1-2 THEORY & PRACTICE LEGIS. 71 (2020).
152
For example, Maritza Lozano, Michael Atkinson, & Haizhen Mou, Democratic Accountability in Times of Crisis:
Executive Power, Fiscal Policy and COVID-19, GOV’T & OPPOSITION (2021).
153
Tom Gerald Daly, Democracy and the Global Pandemic: Reshuffled Reputations and the Future of the “Free World,”
VERFASSUNGSBLOG (May 1, 2021), https://verfassungsblog.de/democracy-and-the-global-pandemic/.
154
Afsoun Afsahi, Emily Beausoleil, Rikki Dean & Selen A. Ercan, Democracy in a Global Emergency, 7(2) DEMOCRATIC
THEORY (2020).
155
Andrea Lavazza & Mirko Farina, The Role of Experts in the Covid-19 Pandemic and the Limits of Their Epistemic
Authority in Democracy, FRONTIERS PUB. HEALTH 8 (2020).
https://doi.org/10.1017/glj.2021.77 Published online by Cambridge University Press