The cornerstones of every democracy across the world have already been upturned by COVID-19: elections cancelled; safeguards of individual liberty abandoned, the rule of law suspended.
These parts of our societies are too precious to be lost in panic. Parliaments must now keep a level head and bring government to heal. Parliaments must impose limits on emergency measures to ensure that they go no further and extend no longer than strictly necessary. They must entrench respect for fundamental rights, the rule of law and democracy and secure a return to the highest standards once the emergency is passed. The UK Parliament has its chance to do this in the coming week when it considers (and no doubt will pass) the Coronavirus Bill. I, and a growing group of constitutional lawyers are proposing a failsafe clause to be inserted in to the Coronavirus Bill to guarantee its utmost respect for fundamental rights and the rule of law.
As a measure of the UK government’s autocratic fervour, elections for local authorities, the London Mayor and Police Commissioners have already been cancelled and re-set for 12 months’ time by government decree. Yet the government is only now (after the fact) proposing new legislation in the Coronavirus Bill to give itself power to do this. The length of the suspension of elections is all the more extraordinary given that they go well beyond the electoral commission’s recommended suspension of elections until autumn. There is little reason that postal voting and secure online voting mechanisms cannot be used. Could even the US Presidential election now be at risk if these kinds of measure become the norm across the democratic world?
