PERISCOPE - Occasional Analysis Paper Series

In the Matter of State v Liberty (This publication is only available in English)

Reflections on the 2020 Coronavirus Pandemic

'Periscope' is the Occasional Analysis Paper series of the Konrad Adenauer Stiftung’s (Foundation) Regional Programme Australia and the Pacific. Just like the real-world sighting instrument, Periscope is meant as a lens to broaden our insights - taking in views from different angles. This way, it seeks to bring together perspectives from Germany, Europe, Australia, New Zealand and the Pacific region to augment our understanding of contemporary issues and help address the pressing problems of our time. Our Analysis Papers are substantive publications in the form of single-author (and co-authored) contributions or edited volumes with multiple authors. Their thematic focus ranges from in-depth analysis of a single topic to examining an issue or broader phenomenon from different angles.

KAS Australia’s latest edition of its Periscope – Occasional Analysis Paper Series is entitled ‘In the Matter of State v Liberty – Reflections on the 2020 Coronavirus Pandemic’. The edition includes analyses of Australia, Germany, New Zealand, Fiji and Samoa’s responses to the ongoing public health crisis, their compliance with the rule of law and, in particular, the principle of proportionality, as well as preliminary conclusions that may be drawn from it. You can choose from the following contributions:


In the matter of State v Liberty - Reflections on the 2020 Coronavirus Pandemic: Australia

The Hon Robert S French AC - former Chief Justice of the High Court of Australia


Germany’s Protective Measures against the COVID-19 Pandemic: Stress Test for the German Rechtsstaat

Prof Dr hc Rudolf Mellinghoff - former President of the Federal Supreme Finance Court of Germany and Dr Philipp Maetz – Research Assistant at said Court


In the matter of State v Liberty - Reflections on the 2020 Coronavirus Pandemic: The Case of Australia

Laureate Professor Emeritus Cheryl Saunders AO, School of Law, University of Melbourne


Combatting the CoViD-19 Pandemic – The Case of Germany

Prof Juergen Broehmer - Professor of Law, School of Law, Murdoch University (Perth)


The New Zealand Response

Dr Andrew Butler - Barrister, Thorndon Chambers


Balancing Rights and Restrictions

Ashwin Raj - Director of the Human Rights and Anti-Discrimination Commission of Fiji


Assessing Samoa’s Response to COVID-19 Pandemic

Beatrice Tabangcora - Assistant Lecturer and Researcher, School of Law, University of the South Pacific



Anne McNaughton – Director, Centre for European Studies and Senior Lecturer, School of Law, Australian National University


Eva Wagner

Eva Wagner

Senior Programm-Koordinatorin Rechtsstaatlichkeit, Energie- und Entwicklungspolitik +61 2 6154 9323