State of Law (Etat de droit): A condition where the power of the state is exercised within a framework of established rules and procedures, ensuring that the state is subject to its own laws rather than arbitrary decisions. It embodies the principle that the state is bound by its legal norms (source: introductory content).
Sovereignty: The supreme authority of the state, with no higher power above it. It entails that the state has the competence of its own competence, meaning it can create and enforce its laws autonomously (source: introductory content).
Auto-limitation of the State: The process whereby the state voluntarily restricts its own power by establishing and adhering to legal rules and procedures. This self-imposed limitation is a paradoxical operation, as the state, being sovereign, chooses to bind itself (source: introductory content).
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?
3. What is the primary role or purpose of the 'state of exception' as defined by various authors?
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.
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