The rule of law, the human rights, the security of citizens and the state of exception Cover Image

Statul de drept, drepturile omului, siguranța cetățenilor și starea de excepție
The rule of law, the human rights, the security of citizens and the state of exception

Author(s): Mihai Milca
Subject(s): Social Sciences, Human Rights and Humanitarian Law, Political Philosophy, Political Sciences
Published by: Institutul Român pentru Drepturile Omului
Keywords: public security; fundamental rights; rule of law; state security; state of exception, terrorism;

Summary/Abstract: There is a close connection between safety and freedom of citizens, with reference to other cardinal values. Safety, before being an end in itself, becomes a prerequisite of freedom, an instrument that can enhance the degree of freedom of the individual in society and of the citizen in a state. Currently, the state action to protect citizens against the internal and external challenges due to the emergence of terrorism is increasingly becoming a hot issue, since anti-terrorist laws and practices proved to be deficient in the way the international community responds or should respond to the cross-border terrorist organizations. It now becomes pressing and necessary to resort to radical and timely reassessment. By replacing the rule of law with a so-called "state security" actually there is neither a strengthened rule of law nor an enhanced security while a greater "social disciplining" of citizens does not take place.

  • Issue Year: 2016
  • Issue No: 2
  • Page Range: 17-22
  • Page Count: 6
  • Language: Romanian