RETHINKING THE THEORY OF STATE OF EXCEPTION AFTER THE CORONAVIRUS
PANDEMIC? – THE CASE OF HUNGARY

Gábor Mészáros, PhD
Senior Lecturer, University of Pécs, Faculty of Law

This article focuses on today’s most important debate on emergency theory in the context of coronavirus pandemic. The theory of the state of exception in constitutional law is a matured one in a global point of view. Nevertheless, after the measures taken by the Hungarian Government, there are real concerns on the applicability of the classical theories. The paper reflects on the mentioned issue by presenting the so-called classic theories of this phenomenon and also the most relevant measures taken by the Hungarian government in 2020. The question remains: is it possible to preserve constitutionalism in an age of state of emergencies?

Keywords: state of exception, emergency models, the rule of law, Hungary, coronavirus.

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