Tom Ginsburg is the Leo Spitz Professor of International Law at the University of Chicago, where he also holds an appointment in the Political Science Department. He holds B.A., J.D. and Ph.D. degrees from the University of California at Berkeley. He currently co-directs the Comparative Constitutions Project, an NSF-funded data set cataloging the world’s constitutions since 1789, that runs the award-winning Constitute website. His latest book is How to Save a Constitutional Democracy (2018, with Aziz Huq), winner of the Best Book award from the International Society of Constitutional Law; his other books include Judicial Reputation: A Comparative Theory (2015) (with Nuno Garoupa); The Endurance of National Constitutions (2009) (with Zachary Elkins and James Melton), which won the best book award from Comparative Democratization Section of American Political Science Association; and Judicial Review in New Democracies (2003), winner of the C. Herman Pritchett Award. He is a member of the American Academy of Arts and Sciences. Before entering law teaching, he served as a legal advisor at the Iran-U.S. Claims Tribunal, The Hague, Netherlands, and he has consulted with numerous international development agencies and governments on legal and constitutional reform. He currently serves a senior advisor on Constitution Building to International IDEA.
Introduction The fight against COVID-19 has led many countries, including liberal democracies, to take extraordinary measures that would undoubtedly be constitutionally problematic in normal times. Around the world, we have witnessed entire countries being locked-down, with mass surveillance of cellphones, suspended religious services, restricted travel, and military-enforced curfews. While these measures are widely supported by…
Introduction In our earlier post, we described how the legal bases for countries’ coronavirus responses typically fall into three broad categories. First, some countries have declared a state of emergency under their constitutions, which allow them to take special measures, including restrictions of civil liberties, for the duration of the emergency. Second, some countries have…