Lockdowns are Unconstitutional, Spanish Court Rules - A top court in Spain has ruled that the first lockdown in Spain was “unconstitutional and void,” after the Spanish government declared a state of emergency and imposed a strict lockdown on the 14th of March, 2020.
Under these draconian lockdown rules, only essential activities and travel was permitted, and only essential businesses were allowed to open. The lockdown was in place until June of 2020, yet more restrictions were imposed later in the year.
The top Spanish court ruled that the lockdown rules imposed on the people of Spain suppressed their fundamental rights, and that the Spanish government did not have the constitutional authority to do so.
In Spain, there are three levels of emergency: a state of emergency, a state of exception, and the highest level, a state of siege. The Spanish government declared a state of emergency in March, which allowed the government to impose rules which were not debated in parliament.
The Spanish court ruled that the state of emergency did not give the government the level of power it took, and that the government should have proposed a state of exception to be imposed. In Spain however, a state of exception can only be imposed by the parliament after it has been debated.
The ruling by the Spanish court means that anyone who was fined due to the lockdown rules can reclaim that money, as these lockdown rules were unconstitutional.
This case in Spain goes to show that just because a government imposes rules, it does not mean that these rules are strictly legal, even by their own standards.
More broadly, it is quite clear that all lockdowns around the world have violated our fundamental rights as free people.
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Sources:
BBC News - Covid: Spain's top court rules lockdown unconstitutional https://www.bbc.co.uk/news/world-europe-57838615
Euronews, AP AFP - Spain's first national lockdown order was unconstitutional, rules top court https://www.euronews.com/2021/07/14/spain-s-first-national-lockdown-order-was-unconstitutional-rules-top-court
Charlene Rodrigues. The Independent - Spain’s top court rules pandemic lockdown ‘unconstitutional’ https://www.independent.co.uk/news/world/europe/spain-rules-pandemic-lockdown-unconstitutional-b1884038.html
