Robustelli, Francesco (A.A. 2020/2021) Locked down: in their quest to fight the Covid-19 pandemic, have Italy, France and Spain undermined the principles of the rule of law as enshrined in their Constitutions? Tesi di Laurea in Comparative public law, Luiss Guido Carli, relatore Cristina Fasone, pp. 194. [Master's Degree Thesis]

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Abstract/Index

The pandemic and governments’ responses. A brief overview until february 14, 2021. Italy: from the Covid-19 to the end of the Conte II government. France: the new State of health emergency. Spain: from national lockdown to decentralization. The Constitutions, the states of emergency and the rule of law. Introduction: Constitutions, human rights and emergency clauses. The international level. The constitutional level. The primary legislation and administrative level. The rule of law. The formal aspects: the principle of legality, the centrality of Parliaments and legal certainty. Introduction: formal and substantive aspects of the rule of law. The principle of legality. The centrality of Parliaments. Legal certainty: normative clarity and nullum crimen sine lege. The substantive aspects: the principle of proportionality. Introduction: the components of proportionality. Personal freedom or freedom of movement? Proper purpose and necessity test. A proper balancing?

References

Bibliografia e sitografia: pp. 165-184.

Thesis Type:	Master's Degree Thesis
Institution:	Luiss Guido Carli
Degree Program:	Master's Degree Programs > Master's Degree Program in International Relations (LM-62)
Chair:	Comparative public law
Thesis Supervisor:	Fasone, Cristina
Thesis Co-Supervisor:	Piccirilli, Giovanni
Academic Year:	2020/2021
Session:	Summer
Deposited by:	Alessandro Perfetti
Date Deposited:	12 Oct 2021 10:25
Last Modified:	12 Oct 2021 10:25
URI:	https://tesi.luiss.it/id/eprint/30399

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