Flashcards: Understanding the Rule of Law and Emergency Powers — 16 cartões

State of Law — definition?

Governance within established legal rules and procedures.

Sovereignty — role?

Supreme authority of the state, with no higher power.

Auto-limitation — process?

State voluntarily restricts its own power via legal norms.

Hetero-limitation — difference?

State constrained by pre-existing legal norms or natural law.

Kelsen’s theory — state and law?

State is an ensemble of legal norms; they are identical.

Guarantees of rule of law — types?

Formal, constitutional, substantive, jurisdictional.

Fundamental Freedoms — examples?

Expression, assembly, movement rights.

Restrictions during exceptional states — basis?

Legal authority allows temporary limits, must follow law.

Saint-Bonnet (2015) — defines?

State of exception as temporary suspension of legal rules due to peril.

Magnon (2017) — describes?

Derogatory norms within constitutional order for higher motives.

Troper (2016) — characterizes?

Provisional suspension of normal rules due to dramatic circumstances.

Kervégan (2018) — views?

Extreme situation threatening legal order, requiring extraordinary measures.

Basilien Gainche (2020) — synthesis?

Exceptionalism justifies derogations; measures deviate from normal norms.

State of siege — triggers?

Armed insurrection or invasion; involves military authority.

State of emergency — features?

Derogations from law, increased police powers, restrictions.

Legal basis for derogations — example?

Article 36 of the French Constitution, Law of 19 May 2023.