Abstract

Society is challenged by a virus that threatens humanity, which calls for intervention in private spheres belonging to different policy areas. As a result, the regulation becomes like a patchwork quilt without normative consistency. The regulation is ad hoc. Sweden has initially relied on influencing people’s behavior through norm creation and not legislation, partly being forced to since the constitution does not leave room for exemption laws in the same way as other countries. When it comes to formulating policy, the expert authority, Public Health Agency, has a central role. Democracy is replaced by meritocracy. Legality presupposes legitimacy in order to function. This is a balancing act between formal and substantive legal certainty. As a general conclusion, legal regulation is most effective when legality and legitimacy flow together. However, where these meeting points can be found in practice varies with the nature of the problem.

Keywords: Law; Norms; Legality; Legitimacy; Covid-19

Abbreviations: SARS-CoV-2: Severe Acute Respiratory Syndrome Coronavirus-2; EMA: European Medicines Agency