This session will provide a comparative perspective on the judicial mechanisms available to hold executive decision making to account during states of emergency, and beyond, spanning a range of different jurisdictions. The session will explore how national courts balance the need for swift executive action with the necessity of upholding the rule of law, civil liberties, and democratic accountability across different jurisdictions, and the critical role of those courts in scrutinizing and, where appropriate, challenging executive authority in times of crisis.

The speakers will provide practical insights on how to navigate the often complex terrain of legal obstacles and procedural requirements in the context of challenge executive decision making in this context. Attendees can expect a thorough discussion of the practical challenges faced by litigants, an examination of the evolving case law, and a comparative perspective on the effectiveness of various remedial frameworks by reference to examples arising in the context of states of emergency relating to public health, civil unrest, war, the environment and beyond.