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Judicial Review Of Coronavirus Measures In The United Kingdom And France, Duncan Fairgrieve, Francois Lichere

Georgia Law Review

This Article examines the executive measures taken during the coronavirus pandemic and the challenges brought against them before the courts. Adopting a comparative law perspective by contrasting the U.K. and France, the authors compare the principles applied by the courts, the degree of intensity of judicial review, and the deference afforded to public authorities often acting in haste to respond to the public health threat of the pandemic. While it is not easy to explain those differences, institutional, procedural, and socio-legal factors may play a role.