Judicial Oversight in Times of a Pandemic

ABSTRACT

This paper focuses on judicial decision-making during the Covid-19 pandemic, especially in the area of judicial oversight or review of various restrictive measures adopted in order to protect public health. A pertinent question is how well-equipped courts are to protect individual rights from excessive interference by public authorities at a time when a lot of essential information about nature and severity of the threat, and which counteractions would be the most suitable, is unavailable. Is it a valid point that law is prepared for usual, nonexceptional circumstances, but fails in times of a true crisis? For this purpose, the paper analyses selected case law and evaluates how it approaches a problem which most developed countries are currently attempting to resolve. © 2021, Czech Society of International Law. All rights reserved.