The State of Emergency in Public Health and the Exceptional Regulations in Administrative Law
It is a great shock to the legal system by COVID-19 or the spread of so-called severe acute respiratory syndrome coronavirus, which made it hard to react. Even though there might be some general principles for emergency in the Administrative Law, they belong to individual administrative cases. Moreover, the regulation for emergency in Constitution depends on the political decision of the decision-maker. Therefore, it is necessary to give the administrative agencies the possibility for the discretion in the field of the general theory of Administrative Law and of Public Health concerning to emergency due to the pandemic. The review of the norm-interpretating should be loose as well. Meanwhile, in order to avoid abusing rights, an regular examination on its validity and rationality should also be performed. Besides, administrative discretion should be made from the consensus decision by specialists.