The rule of law in the crisis: if freedom and security collide

The rule of law in the crisis: if freedom and security collide

The debate about the balance between individual freedom and state security has again gained explosive in the past few months. In a current case in Thuringia, the legal approach against a person who may have committed arson is critically questioned. The legal framework that plays a role in the event of suspected pre -trial detention are clearly outlined: A judge must take into account various factors when deciding whether a person is detained, such as the social bond of the alleged perpetrator and the severity of the deeds. This emphasizes MDR .

The chairman of the German Police Union, Rainer Wendt, makes it clear that the police are not able to block it in its own. Deprivation of liberty remains the sharpest means of the state and is only reserved for courts. Against this background, the question of the limits of state interventions into personal freedom is raised, especially if these interventions are justified by legitimate security concerns.

freedom vs. security

The area of ​​tension between freedom and security is not new. As described in an article of the Federal Center for Political Education , political communities must always re-year-out the relationship between these two aspects. Security is often understood as the main goal of the state, while individual freedom is a worth protecting that must be preserved.

In Germany, the weighting between freedom and security has increasingly shifted in favor of the security in the past few years. During Corona pandemic, citizens experienced a drastic restriction of their freedoms in favor of health protection. This has made it clear how security needs can be interpreted and implemented in a democratic order.

Basics of the rule of law

The legal foundations that regulate the relationship between security and freedom are of crucial importance for the preservation of the rule of law. A Study articles emphasizes that the modern rule of law has arisen in response to the threats by humans themselves and by the state. Security gives the state its legitimation, but the rule of law is intended to prevent state power from pushing and undermining individual freedom.

The latest developments show that the rule of law is under pressure through ever new security concerns. It is of essential importance that every state measure is subjected to the security of a "freedom impact" to ensure that the weighing up between security interests and individual rights remains fair and fair.