In the face of a raging pandemic, political institutions and authorities across the country are implementing their legal powers in response to the coronavirus pandemic. As a result, there have arisen numerous constitutional challenges in the judicial structure.
The issue of physical distancing and measures applied in its implementation are stirring trouble. However, this is only a drop in the ocean as other challenges are brought into the light. The controversies include contact tracing, increased domestic violence, end-of-life decisions, and resource allocation in health facilities.
Sujit Choudhry provides insight into the current situation in comparison to Canada.
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In terms of the lockdown measure, municipalities and provinces in Canada have shut down government offices, non-essential enterprises, and school institutions. The use of public property is strictly prohibited in the country.
In California, the governor has instructed the state population to stay home or their residence and only leave to acquire necessities.
According to the Canadian Charter of Rights and Freedoms, the self-isolation policy applied in California is an infringement of several freedoms in Canada. They include freedom of expression, religion, association, and assembly.
Sujit Choudhry states that even in this case, such infringements can be justified under a limitation clause. The core of a constitutional challenge would be based on the extent of the charter infringement. It is because the government has a duty to protect individuals who are most vulnerable to the virus. These include immunocompromised individuals, the elderly, and health care personnel.
Naturally, we cannot avoid the constitutional inquiries as the situation continues to develop. However, responsible individuals must pay attention to the public policy measures crafted in response to the pandemic.
With over 100 works in his name, Sujit Choudhry spends most of his time on the ground. Sujit has carved his name in law practice, growing into one of the most renowned personnel in the constitutional field.
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