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8 Theory & Prac. Legis. 1 (2020)

handle is hein.journals/thorceleg8 and id is 1 raw text is: 


THE THEORY AND PRACTICE OF LEGISLATION                    Routledne
2020, VOL. 8, NOS. 1-2, 1-2
https://doi.org/10.1080/20508840.2020.1818168             Taylor &Francis Group

FOREWORD

Foreword for special issue on legislatures in the time
of  Covkd-19

Tom  Ginsburg
University of Chicago Law School


The COVID-19 pandemic which has swept the world this   year is the greatest
global public health crisis in over a century, since the Spanish flu of 1918-
1919. That virus was estimated to have infected a quarter of humanity and
killed up to 50 million people. Like that pandemic, COVID-19 has reached
nearly ever country on earth, sparing only a few small island nations in the
Pacific. It is a truly global threat.
   Not only has the virus put much of humanity at risk, it has posed a grave
challenge to governance systems everywhere. Indeed, it is hard to imagine that
there has ever been a shock that affected all governments in the world in such
a short period of time. This provides an interesting and unusual opportunity
to understand how  governments   and constitutional systems respond to an
unexpected sudden  threat. The sheer range of responses has been remarkable,
with some  governments   imposing sudden  and  comprehensive  lockdowns,
while others allowed much of ordinary life to go on. In some countries, execu-
tives have used the virus as an excuse to crack down on opponents,  while
other leaders have denied that the virus even poses a threat. Some countries
have  seen their democracies  weakened,   while others  have experienced
robust checks and balances.
   The editors of this special issue made a timely decision to focus on legisla-
tures. Legislatures are part of the script of modernity, found in most every pol-
itical system, whether democratic or not. They are also institutions steeped in
history, full of norms, venerable traditions and a good deal of pomp and
ceremony.
   In the course of the past two centuries of constitutional history, legislatures
have seen their roles transformed dramatically. Those who drafted the United
States Constitution thought Congress would  be the most powerful branch,
and they were forced to add a Bill of Rights to protect people from legislative
over-reach. In the nineteenth century, in many countries in Europe, parlia-
ments  were central in channeling popular demands,  and in democratizing
monarchic  political systems. But in recent decades, scholars have come to

CONTACT Tom Ginsburg tginsburg@uchicago.edu University of Chicago Law School
© 2020 Informa UK Limited, trading as Taylor & Francis Group

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