A1 Refereed original research article in a scientific journal

Legislation, emergencies and the need for swift action : Tensions between the executive branch and emergency legislation during the COVID-19 pandemic in Finland




AuthorsBrunila, Tuukka

PublisherTaylor & Francis

Publication year2024

JournalThe theory and practice of legislation

ISSN2050-8840

eISSN2050-8859

DOIhttps://doi.org/10.1080/20508840.2024.2407225(external)

Web address https://www.tandfonline.com/doi/full/10.1080/20508840.2024.2407225(external)

Self-archived copy’s web addresshttps://research.utu.fi/converis/portal/detail/Publication/458227384(external)


Abstract

In this article, I analyse the tensions between the need for swift action and enactment of emergency legislation during Finland’s COVID-19 pandemic response. I focus on how this demand for the executive branch to take swift and decisive action met and clashed with the temporal (in)efficiency of emergency legislation. A legalist emergency measures theory is developed to approach this issue in the context of the Finnish emergency regime, which is legalist in principle. Legalist emergency regimes are those that (1) require emergency measures to be grounded in law, (2) seek to legislate emergency powers in advance, and (3) necessitate that legislation is active during emergencies. Based on reports regarding the executive branch’s actions during the pandemic, I discuss issues regarding the alleged slowness of legislation during emergencies. The article seeks to further develop the theoretical discussion on the temporal aspects of emergency measures.


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Funding information in the publication
This work was supported by the Strategic Research Council at the Academy of Finland [grant number 345950].


Last updated on 2025-27-01 at 19:22