NCJ Number
52919
Journal
Schriftenreihe der Polizei-Fuehrungsakademie Volume: 5 Issue: 2 Dated: (1978) Pages: 123-125
Date Published
1978
Length
3 pages
Annotation
THE QUESTION OF WHEN USE OF STATE FORCE IS PERMISSIBLE IN THE GERMAN FEDERAL REPUBLIC FOR EXCEPTIONAL SITUATIONS IS EXPLORED.
Abstract
EXCEPTIONAL SITUATIONS MAY RESULT FROM NATURAL CATASTROPHES, INTENTIONALLY INSTIGATED CONFUSION, A DISTURBANCE IN INTERNAL ORDER, OR THE THREAT OF LAWLESSNESS BEING ESTABLISHED AS THE RULE. THE EXECUTIVE HAS THE RIGHT TO UNDERTAKE COUNTERMEASURES IN SUCH SITUATIONS, ALTHOUGH THIS IS NOT AN EXCLUSIVE EXECUTIVE RIGHT. IN ANY CASE, SPONTANEOUS AND EFFECTIVE REACTION ASSUME A CONCENTRATION OF POWER. LEGISLATORS SHOULD HAVE AVAILABLE VERY GENERAL PROVISIONS FOR ACTION MODELS TO WARD OFF DANGERS, WHILE A GENERAL PROVISO SHOULD DEFINE THE PARAMETERS FOR POLICE ACTIVITES. LEGAL STANDARDS FOR THE PUBLIC AUTHORITIES PERMIT INTERFERENCE WITH THE CIVIL RIGHTS OF CITIZENS ONLY WHEN SUCH ACTION IS PROVIDED FOR IN A PARTICULAR LAW. IF PROVISIONS OF CERTAIN LAWS ARE CONTRADICTORY IN SUCH MATTERS, LIMITATIONS ON ACTION IMPOSED IN PUBLIC LAW HAVE PRECEDENCE OVER JUSTIFICATIONS IN CRIMINAL AND CIVIL LAW. LEGAL REGULATIONS ARE EFFECTIVE IF THEY INTERPRET EVENTS FROM THE STANDPOINTS OF AREAS OF LAW, IN SUCH A WAY THAT THE DIFFERING FUNCTIONS OF VARIOUS AUTHORITIES AND THE POSITIONS OF THE PERSONS INVOLVED ARE TAKEN INTO CONSIDERATION. POLICE MEASURES BASED ON LEGAL PROVISIONS WHICH FAIL TO RESOLVE CONFLICTS MUST ALSO BE SUPPORTED IN CIVIL RIGHTS LAWS AND IN THE RELATIVITY PRINCIPLE; A CONSTITUTIONALLY ORIENTED INTERPRETATION OF A LAW SUPPLEMENTS ADMINISTRATIVE LAW. REFERENCES ARE SUPPLIED. --IN GERMAN. (KMD)