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Emergency governance and rule of law: evaluating executive overreach during national security crises in the post-pandemic era

Identification

Public canonical key
doi:10.54658/ps.28153324.2026.15.1.pp.61-72
Authors
Mariya Petrova
Reported year
2026
Reported language
en
Source type
article
First detected
2026-11-09T19:18:30.356149+00:00
Last metadata observation
2026-11-09T19:18:30.356149+00:00
Last HTTP verification
Not checked

Institutions reported by the source

Varna Free University

Documentary abstract — original language

The article in question explores how much emergency governance structures that were implemented during and after the COVID-19 pandemic have become institutionalized aspects of executive power in three jurisdictions that can be seen to represent three different types of regimes, including Germany (consolidated democracy), Kenya (transitioning state), and Hungary (illiberal regime). Using the theorisation of the so-called state of exception by Giorgio Agamben and the dictum of Carl Schmitt that he who declares the exception is the sovereign, the study utilizes qualitative content analysis of 274 executive decrees and 83 high-court decisions released between March 2020 and December 2025. These results indicate that there is a quantifiable tendency towards executive aggrandizement in all three cases, but the processes and the size are quite different. In consolidated democracies, the loss of judicial control is gradual and usually concealed by procedural adherence, in illiberal regimes it is explicit and supported by the institution, and in transitional states it is periodic but structurally disruptive. The article then ends with a suggestion of a compulsory framework of Sunset Clause, a legislative structure that mandates time-limited authorisation, a regular review of parliament, and the automatic lapse of all the powers related to security as a remedy to the normalisation of exceptional governance.

Identifiers

OPENALEX
W7201832880
DOI
10.54658/ps.28153324.2026.15.1.pp.61-72

Documentary context

Documentary family
Scholarship
Source-reported types
article

Entity mentions are not evidence of legal recognition. Jurisdiction studied is separate from author affiliation country.

Sources

OpenAlex · Record 1 · Record 2

Documented bibliographic relations

Source-declared references and links; they do not establish legal support or UGLC qualification. Up to 20 outgoing references are displayed.

  • openalex:w2296297756 · CITES
  • openalex:w2784191913 · CITES
  • openalex:w3175255320 · CITES
  • openalex:w3183305994 · CITES
  • openalex:w4213129435 · CITES
  • openalex:w4220715694 · CITES
  • openalex:w4319077857 · CITES
  • openalex:w4390746191 · CITES
  • openalex:w4392238772 · CITES
  • openalex:w4392616575 · CITES
  • openalex:w4400774439 · CITES
  • openalex:w4402148757 · CITES
  • openalex:w4410483462 · CITES
  • openalex:w7119739530 · CITES

0 incoming references within the detected corpus

Documentary field provenance

Source-backed values and values with unresolved provenance are kept separately. Bibliographic provenance validates no legal claim.

Title
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Authors
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Document type
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Jurisdiction
Not recorded
Court
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Issuing authority
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DOI
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ISBN
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Official identifier
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Amendment / repeal
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Cite this reference

Mariya Petrova. Emergency governance and rule of law: evaluating executive overreach during national security crises in the post-pandemic era. 2026. https://doi.org/10.54658/ps.28153324.2026.15.1.pp.61-72

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APA, Chicago, ISO 690: bibliographic formats using available fields. OSCOLA / Bluebook: structured data only; full legal citation compliance is not claimed without verification of required elements.

APA
Mariya Petrova. (2026). Emergency governance and rule of law: evaluating executive overreach during national security crises in the post-pandemic era. https://doi.org/10.54658/ps.28153324.2026.15.1.pp.61-72
Chicago
Mariya Petrova. Emergency governance and rule of law: evaluating executive overreach during national security crises in the post-pandemic era. 2026. https://doi.org/10.54658/ps.28153324.2026.15.1.pp.61-72
ISO 690
Mariya Petrova. Emergency governance and rule of law: evaluating executive overreach during national security crises in the post-pandemic era. 2026. https://doi.org/10.54658/ps.28153324.2026.15.1.pp.61-72

UDTR Global Rights of Nature Legal Library. Emergency governance and rule of law: evaluating executive overreach during national security crises in the post-pandemic era. Documentary record: https://www.declarationuniverselledesdroitsdelarbre.org/global-rights-of-nature-radar/reference/r-cc50568a07b2bd7fa79e61b63dc46184/ · Last HTTP verification: not performed

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Field provenance and record version

Version c891dc4c76953fc1 · udtr-reference-1.1.2

Title
OpenAlex · source · 2026-11-09T19:18:30.356149+00:00
Authors
OpenAlex · source · 2026-11-09T19:18:30.356149+00:00
Year
OpenAlex · source · 2026-11-09T19:18:30.356149+00:00
Identifiers
OpenAlex · source · 2026-11-09T19:18:30.356149+00:00
Source URL
OpenAlex · source · 2026-11-09T19:18:30.356149+00:00
Source-reported author ORCID
OpenAlex · source · 2026-11-09T19:18:30.356149+00:00

History tracks record metadata and does not certify the state of the law.

a5a3f702d87d5f90 · 2026-11-09T19:18:30.356149+00:00

029d1b5354388cae · 2026-11-09T19:18:30.356149+00:00

df7bf91c1b9391a8 · 2026-11-09T19:18:30.356149+00:00

c891dc4c76953fc1 · 2026-11-09T19:18:30.356149+00:00

Frozen-version metadata

Research dossiers and documentary relations

Varna Free University

Mariya Petrova

Source roles

Discovery source · https://doi.org/10.54658/ps.28153324.2026.15.1.pp.61-72

Discovery source · https://openalex.org/W7201832880

An authority link alone does not verify a legal claim. Abstracts and full texts remain subject to their source terms.

Documentary status

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Library

This identity is not yet included in the Legal Library.

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