ABSTRACT This paper examines in general terms the impact of the precautionary principle on COVID-19 legislation and management. In academic discussion the precautionary principle is usually referred to in the context of environmental policy. The principle can also be found, however, in health protection, which suggests its transfer to the pandemic situation. Contrary to the concern that the principle could serve as a blanket justification for extreme and arbitrary interventions in civil liberties, the paper demonstrates that, notwithstanding conflicts with the rule-of-law obligation to evidence-based legislation, the precautionary principle does not supplant the principle of proportionality. Thus, it sets limits to risk-related legislation even though it allows restrictions in the absence of scientific consensus. Reflecting on the scientific debate about the precautionary principle can help to maintain (or at least restore) rationality and prudent risk tradeoffs even in times of emergency legislation.

中文翻译：

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根据预防原则的 COVID-19 立法

摘要 本文概括地考察了预防原则对 COVID-19 立法和管理的影响。在学术讨论中，预防原则通常在环境政策的背景下被提及。但是，该原则也可以在健康保护中找到，这表明它已转移到大流行情况下。与该原则可以作为对公民自由的极端和任意干预的全面理由的担忧相反，该文件表明，尽管与基于证据的立法的法治义务相冲突，但预防原则并不能取代比例原则。因此，它对与风险相关的立法设置了限制，即使它允许在缺乏科学共识的情况下进行限制。