"What Is the Court to Do with All of This Data?" Empirical Evidence, COVID-19 and the Law

ABSTRACT

The COVID-19 pandemic continues to test Commonwealth legal systems around the globe. It is a crisis that requires empirically grounded solutions. The cases born from governments' pandemic measures emphasise the courts' general reticence and shortcomings when issues involve technical considerations. These include a lack of structure for considering empirical matters;limited avenues for empirical engagement beyond expert witnesses;narrow use of judicial notice;and continued reluctance to develop competencies in the natural or social sciences. This article considers how COVID-19-related cases illustrate these concerns, as well as prior cases outside a "crisis" context. Solutions are also proposed.