الأساس القانوني لإجراءاتِ مكافحة فيروس كورونا (COVID-19) ومواجهة آثارِهِ

Abstract

This research dealt with the topic of the legal basis of procedures combating the  spread of the Corona virus (COVID-19) and counteracting its effects. It divided the research into two topics, the first entitled the concept of exceptional health circumstances, the research concluded that the right to health requires governments to protect members of society from infectious diseases. It also concluded that the dangers and threats posed by the virus are exceptional health emergencies. And given that the virus is not restricted to one particular country, then there should be international cooperation in the field of combating the virus.

In the second topic, it examined the legal nature of measures to combat the virus and counter its effects. It concluded that in managing exceptional health conditions, governments must adhere to the limits of constitutional and legal legitimacy. There are two approaches that countries have taken to combat the effects of COVID-19: the first: obtaining a delegation of Legislative Power or announcing a system of exceptional circumstances. The second is the application of ordinary laws, especially the Public Health Law. It has been found that the two methods are constitutionally and legally correct. And it concluded that the legislative mandate is the best constitutional option that helps governments manage the legal crises and gives legitimacy to all their decisions. It was found that some of the decisions taken by governments need to be issued to have more legal powers.