Table 3.
Types of Disputes by 3 Types of Mitigation Measures—Emergency Declarations, Movement Restrictions, and Physical and Social Distancing
| Type of Dispute | Emergency Declaration | Type of Mitigation Measure |
||||||
|---|---|---|---|---|---|---|---|---|
| Movement Restriction |
Physical and Social Distancing |
|||||||
| Border Closure | Stay at Home | Isolation or Quarantine | Lockdown or All Movement Restrictions | Opening or Closure of Schools | Physical Closure of Business | Restriction or Ban on Gathering | ||
| Issuing government had no authority | 30, 54 | – | 56 | 32, 64 | 48, 67 | 54 | – | 49 |
| Authority was delegated | 63 | – | – | – | 56, 67, 82 | – | 56 | – |
| Authority exceeded | 29, 33 | 52 | 60, 61, 62 | 40, 41, 50 | 29, 53, 56, 82 | 72 | – | 61 |
| Authority not consulted | 29, 33 | – | 61 | – | 29, 53, 65, 67 | – | – | 53, 61, 71 |
| Conflict with another law | 29, 30, 33, 54, 69 | – | 25, 28, 60 | 32, 40, 41, 59, 64 | 19, 29, 48, 70 | – | 57, 23, 27, 28 | 76, 77 |
| Not rational (rationality or irrationality) | 69 | – | 60 | 40, 41 | 65, 67, 72 | 72 | 57 | 71 |
| Not proportional (proportionality) | 30, 31, 63 | – | 60, 61, 62 | 40, 41, 59, 64 | 48 | – | – | 53, 61, 71 |
| Not necessary (necessity) | 30, 31 | – | – | 40, 41 | 72 | – | – | 61 |
| Violation of right(s) | 30, 31, 54, 63, 69 | – | 24, 25, 28, 56, 60, 61, 62 | 32, 40, 41, 50, 59, 64 | 29, 37, 48, 53, 56, 65, 67, 69, 70, 72, 74, 80, 81, 75 | 54, 72 | 23, 26 | 22, 36, 49, 53, 65, 71, 76, 77 |
| Issue in implementation (or lack thereof) | 31 | – | 60 | 41, 50 | 72, 74, 80, 81, 82 | 54, 72 | 57 | 36, 49 |
| Illegal method of enforcement | – | – | 60, 62 | – | 67, 70 | – | – | 49 |
Note: The numbers refer to references.