Our research project, led by Boldizsár Szentgáli-Tóth JD, Ll.M, Ph.D,
aims to map out the constitutional implications of the Covid-19
pandemic with a global database from the related constitutional case
law. Several scholars have pointed out numerous legal aspects of the
public health emergency during the recent years. Significant
contributions have focused on the extra-ordinary restrictions on
fundamental rights and also the separation of powers aspects of the
crisis. However the comparative analysis of the related constitutional
case law is still to be systematized by the literature. The
constitutional courts (or supreme courts with constitutional review
competencies) have reflected on several aspects of the pandemic. The
deeper understanding of this constitutional practice would lead to the
reconsideration of several issues even in the theoretical and
practical field concerning the scope and the extent of emergencies,
the limitations on fundamental rights during these periods, on the
separation of powers between the main constitutional actors under
extra-ordinary circumstances, and also on the constitutional impact of
a global pandemic. However, on several occasions it has been reported
that the difficulties as regards the availability of the required
information constitute significant obstructive factors for such
research projects. Therefore, our research group, comprised of
constitutional lawyers and experts with relevant informatics and
database-related knowledge, will establish a database from the
constitutional court rulings linked to the extra-ordinary public
health situation. This data set will serve as a key source for
numerous further research projects.
The outcome of this project will be a user-friendly, multilayered
platform in English, aided by legal research and information
technology instruments, facilitating the further creation of
substantial scientific works. Its overall added value lies in the
database’s unprecedented focus on constitutional review, with a broad
coverage of countries, jurisdictions, and constitutional topics. In
addition, by ensuring access to the original sources as much as
possible, and owing to careful verification, all information provided
in the database will be of guaranteed authenticity. Apart from simply
providing information, our research project will offer access in a
systematized way, specific to Covid-19-related national constitutional
case law.