Governments’ Legal Responses and Judicial Reactions during a Global Pandemic: Preliminary Remarks

Since the outbreak of the COVID-19 pandemic, governments have been deeply engaged in managing the health crisis through the enforcement of restrictive measures aimed at reducing the spread of the virus. The exercise of religious freedom has undergone unparalleled limitations and several governments failed to find a fair balance between religious exercise and the protection of public health. Indeed, various jurisdictions highlighted the insufficient quality of legal responses due to the state of urgency, giving rise to a proliferation of legal challenges. The paper briefly analyzes the controversial interplay between the three branches of the government during an unparalleled health crisis and underlines the pivotal role of the judiciary. It shows how courts had to face the key question of whether and to what extent a devastating health crisis legitimizes restrictions on fundamental rights keeping their hard core unaffected. Finally, it argues that courts made a significant effort to restore a proper balance between the preservation of public health and the protection of religious freedom as a fundamental right.