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#51Zu einem demokratischen Rechtsstaat gehört es nicht, dass …

It does not belong to a democratic constitutional state that ...

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The correct answer is:

People being arrested by a private police without cause.

Menschen von einer Privatpolizei ohne Grund verhaftet werden.

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Quick explanation

Arbitrary arrests by a private police force are not part of a state governed by the rule of law.

Why is this correct?

Only state authorities may arrest people, on a legal basis; a court must decide on any deprivation of liberty.

Background

In a democratic state governed by the rule of law, only the state has the right to use force and arrest people – and only when a law allows it. Article 104 of the Basic Law sets out exactly how this must happen: a judge decides on any longer deprivation of liberty, and anyone arrested must be brought before a court by the end of the following day at the latest. Private security services may not “arrest” anyone.

Why are the other answers wrong?

Criticising the government and demonstrating peacefully are fundamental rights (freedom of expression and assembly). Arresting someone who has committed a crime is also in line with the rule of law – what matters is that there is a reason and the procedure follows the law.

Memory tip

Look for “without reason” and “private police”: neither fits the rule of law.

Legal basis: Art. 104 Basic Law (GG) ↗

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