Legislating for a Pandemic: Exposing the Stateless State

Abstract

Initially the subject of widespread consensus, legislative and policy responses to COVID-19 are increasingly provoking predictable reactions. Right and left are united by concern that essential freedoms are being eroded by a state utilizing the opportunity of the pandemic to make a power grab. Focused on the Coronavirus Act 2020, this article takes a more cautious approach, suggesting that the law should be understood not as the product of a hierarchical state but as a demonstration of the ‘statelessness’ of the contemporary state. It examines the Act with particular focus on open justice, adult social care, and Business Improvement Districts. Reading this unique piece of legislation through the lens of the stateless state reveals the complexities, ambiguities, and contestations within contemporary policy making. Dismissing the Act as unnecessarily authoritarian is an insufficiently nuanced response; furthermore, this exploration of the law allows us to develop and complicate scholarship on the stateless state.