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.
Testez vos connaissances avec un QCM de 8 questions sur Understanding the Rule of Law and Emergency Powers.
1. What does the 'State of Law Principles' primarily refer to?
2. What was the initial scope of the law of 1955 regarding emergency measures?
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