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 MilcaSubject(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.
Journal: Drepturile omului
- Issue Year: 2016
- Issue No: 2
- Page Range: 17-22
- Page Count: 6
- Language: Romanian