State of Emergency and Limitation of Fundamental Rights: The Measures of the Italian Government to Fight against Covid-19

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Jalali Ali Reza; ABOUATA MOHAMMAD

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Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2020 | Volume:22 | Issue:67 Page(s): 41-61

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Information Journal Paper

Title

State of Emergency and Limitation of Fundamental Rights: The Measures of the Italian Government to Fight against Covid-19

Author(s)

Jalali Ali Reza | ABOUATA MOHAMMAD | Issue Writer Certificate

Keywords

Coronavirus

Fundamental Rights

Italy

Rule of law

State of Exception

Abstract

The spread of Coronavirus in Italy has created the conditions for the government to declare the State of emergency. It has given the opportunity to manage the crisis, but has also limited people's Fundamental Rights. In this research, through the deductive-descriptive method, we will try to answer this main question: the actions of the Italian government to counter Coronavirus until what point are compatible with the Fundamental Rights present in the Constitution? After describing the concept of State of emergency, the government's decisions and the challenges about restriction of Fundamental Rights, we conclude that the government's actions have had a very negative impact on Fundamental Rights and freedoms. Not only these emergency decisions have had a very negative impact on people's rights in a democratic system, but the lack of parliamentary oversight about the actions of the Executive makes it reasonable to take a critical look at the actions of the Italian government.

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APA: Copy

Jalali, Ali Reza, & ABOUATA, MOHAMMAD. (2020). State of Emergency and Limitation of Fundamental Rights: The Measures of the Italian Government to Fight against Covid-19. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 22(67 ), 41-61. SID. https://sid.ir/paper/953781/en

Vancouver: Copy

Jalali Ali Reza, ABOUATA MOHAMMAD. State of Emergency and Limitation of Fundamental Rights: The Measures of the Italian Government to Fight against Covid-19. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2020;22(67 ):41-61. Available from: https://sid.ir/paper/953781/en

IEEE: Copy

Ali Reza Jalali, and MOHAMMAD ABOUATA, “State of Emergency and Limitation of Fundamental Rights: The Measures of the Italian Government to Fight against Covid-19,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 22, no. 67 , pp. 41–61, 2020, [Online]. Available: https://sid.ir/paper/953781/en

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