Finland and the COVID-19 Pandemic — Risks Inherent in a Restrained State of Exception

Abstract

The rule of law has been tried in many countries under the state of exception during COVID-19. This chapter focusses on the case of Finland, the only Nordic country to declare a state of exception during the pandemic. Drawing from theoretical accounts on the state of exception, it analyses to what extent the Finnish democratic Rechtsstaat has coped in the state of exception.

The authors propose the concepts of a radical and restrained state of exception and argue that while the Finnish states of exception were rather restrained than radical, there are risks involved in the fact that powers granted by the Emergency Powers Act to be used during a state of exception are moved to normal legislation. Indeed, as Giorgio Agamben, among others, has warned, the state of exception may become permanent and undermine democracy and the rule of law. The chapter provides a dialogue between theory and empirics related to a state of exception, applying theoretical insights on the case of Finland during COVID-19.

Citation

Hyttinen, T. and Heinikoski, S. (2024), "Finland and the COVID-19 Pandemic — Risks Inherent in a Restrained State of Exception", Sarat, A. (Ed.) Reconceptualizing State of Exception: European Lessons from the Pandemic (Studies in Law, Politics, and Society, Vol. 90), Emerald Publishing Limited, Leeds, pp. 63-81. https://doi.org/10.1108/S1059-433720240000090005