The Legal Response to Covid-19 in Federal Systems

Abstract This chapter explores how federal and hybrid-federal systems responded to the Covid-19 pandemic. The chapter reveals no single pattern of response across federations. However, a key trend emerged: centralized systems became more centralized, while well-established decentralized systems resisted that shift more effectively. Federalism’s structure, with multiple decision-making centres, enabled diverse responses suited to different geographical and social conditions. Local governments could act quickly and experiment with solutions and, in some cases, sub-national governments helped mitigate the effects of a national leader’s inaction or denialism. On the downside, the dispersal of authority sometimes allowed local interests to override national priorities, harming the collective response. Additionally, where intergovernmental coordination was weak, the pandemic response suffered from a lack of unified action. Despite these challenges, federalism demonstrated resilience and no permanent changes in the constitutional division of powers were reported, indicating a return to pre-pandemic norms.