Rule of Law and Good Governance Principles for National Responses to

Microsoft Word - WP2.1_Final.docx Rule of Law and Good Governance Principles for National Responses to Public Health Emergencies Dr Jean-Pierre Gauci March 2021 The Role of Good Governance and the Rule of Law in Building Public Trust in Data-Driven Responses to Public Health Emergencies Funded by the UK Arts and Humanities Research Council, grant AH/V015214/1 This project, at the intersection of l. [...] Rule of Law and Good Governance Principles for National Responses to Public Health Emergencies 2 Rule of Law and Good Governance Principles for National Responses to Public Health Emergencies The project that this paper forms part of investigates the hypothesis that good governance and the rule of law enable trust. [...] General Understandings of Rule of Law and Good Governance Whilst both the rule of law and good governance are broad concepts with multiple interpretations and applications, a number of authoritative understandings of the concepts have emerged over time which inform this review and the broader project. [...] On the concept of the rule of law, three authoritative formulations can be found in Lord Bingham’s The Rule of Law book, the Venice Commission Checklist and the DFID Policy Approach to the Rule of Law. [...] To be justifiable, derogations must be: Derogations should be of an exceptional - of an exceptional and temporary nature and temporary - related to a public emergency which threatens the life of the nation and nature and the existence of which is officially proclaimed circumscribed by various conditions - strictly required by the exigencies of the situation (necessity, proportionality and legitima.