On the Compatibility of Illegal Actions by Public Authorities in Exceptional Situations with the Idea of Rule of Law State
Abstract
One of the key principles of a rule of law state is undoubtedly the principle of legality, according to which state power can be exercised only in cases, within the limits, and in the ways specified by law. Therefore, it seems that the idea of illegal or extralegal actions by public authorities is incompatible with the idea of a rule of law state.
However, especially during severe crises, the following question can arise: Are there really no situations in which illegal or extralegal actions by public authorities can be deemed legitimate in a legal sense? In this paper, it is my aim to offer an answer to this question against the backdrop of discussions on this issue in German (keyword Staatsnotstand) and Swiss legal science (keyword extrakonstitutionelles Notstandsrecht).