Necessitas non habet legem? 24 hodin, v nichž mizí právo
Necessitas non habet legem? 24 hours, in which law disappears

Summary/Abstract: On various examples from legal theory (ticking bomb scenario) and legal practice (the German law on air security) the author discusses a very much known dilemma of modern democratic states, how to prevent terrorist attacks aiming at the very essence of the established social order while respecting fundamental rights. From various solutions of this problem, the author argues that even in case of emergency, the compliance with constitution and laws is an important sign in averting emergencies, because it provides the state with legitimacy in the Weberian sense.Th e regulation of emergency situations should be based on a combination of formal requisite (enactment in the law) and material requisite (respecting the protection of fundamental rights, that may be subject to limitations due to national security; their essential core should however not be eliminated).

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