LEGAL AND GOVERNMENTAL IMPACTS OF ADMINISTRATIVE ORDERS IN EMERGENCY SITUATIONS: A CASE STUDY OF LOCKDOWN ORDERS DURING THE COVID-19 CRISIS

Abstract

The purpose of this study is to thoroughly examine and evaluate the effects of the exercise of administrative powers in emergency situations to prevent the spread of the coronavirus disease 2019 (COVID-19), especially the "lockdown" orders that severely limit citizens' rights and liberties in their daily lives, employment, and property use. The legality, appropriateness, and proportionality of the state's actions are the main points of examination in order to determine whether the use of force during the crisis conforms with the rule of law and the constitutional principle of protecting rights and liberties. In addition to the effects of rights restrictions, this article investigates the effects on the public administration system, including the centralisation of decision-making authority, the lack of transparency of order issuance, and the difficulties in compensating impacted parties, especially the private sector, which has encountered significant financial losses. The article examines the state's responsibility to pay damages caused by the use of administrative authorities during emergencies by using the principles of administrative law. According to the study, lockdown orders may be excessive in practice and impose unnecessary harm on the private sector, even though they are intended to serve the public good. Moreover, the current compensation mechanisms are inadequate and ambiguous. According to the study's conclusion, this results in suggestions for developing more equitable and effective legal and administrative frameworks for promoting future emergency management, with an emphasis on maintaining a balance between the public health needs, the preservation of the rule of law, and the protection of human rights.