L’emergenza e il modo di produzione normativa tra limitazioni e sospensioni delle situazioni giuridiche attive a partire dal Portogallo per arrivare in Sudafrica

The emergency and the mode of production between limitations and suspensions of fundamental rights ranging from Portugal to South Africa.

Abstract

The present paper attempts to examine different legal orders, ranging from Portugal to South Africa, in order to explore the variety of emergency regimes during the Covid-19 era. In some case we can see the bypass of the emergency law-making-procedures provided in Constitution although shifting competences by authorising other organs than the regular parliamentary legislator to enact norms of general scope in reduced deadlines and limited protection of fundamental rights. In these cases the intervention of the jurisprudence becomes really important. The paper thus analyzes the interpretation of emergency regimes and the limitation or suspension of fundamental rights made by scholarship as well as by case law, with particular reference to that of the Supreme Court, highlighting their weaknesses.