Unrechtsstaat
Encyclopedia
The term Unrechtsstaat is a pejorative used to refer to a state
that is not a Rechtsstaat
, or a constitutional state in which the exercise of governmental power is constrained by the law.It is used not only as a jurisprudential term but also as a political one.
concept of a Rechtsstaat. On the other hand, the term "Unrechtsstaat" does not exclude the possibility of instances in which such a state has areas where qualities characteristic of a Rechtsstaat are dominant and where justices is realized in practice. In contrast to this notion of an Unrechtsstaat, Gerd Roellecke holds that the differentiating quality of an Unrechtsstaat is that it does not expect the equality of all people. In contrast with historical "Nichtrechtstaaten" (non-Rechstaaten), Unrechtstaaten have the capacity to be Rechstaaten after a period of historical development.
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
that is not a Rechtsstaat
Rechtsstaat
Rechtsstaat is a concept in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as "legal state", "state of law", "state of justice", or "state of rights"...
, or a constitutional state in which the exercise of governmental power is constrained by the law.It is used not only as a jurisprudential term but also as a political one.
Connotations
It is the opinion of Horst Sendler that an Unrechtsstaat is characterized by a lack of striving for rights and an overall failure to achieve them. At the same time, individual violations of law and constitution do not make a state an Unrechtsstaat, because such violations also occur in a Rechtsstaat. Also, a state should not necessarily be considered an "Unrechtsstaat," even if it does not correspond with the model of a classical civil Rechtsstaat and in particular the GermanGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
concept of a Rechtsstaat. On the other hand, the term "Unrechtsstaat" does not exclude the possibility of instances in which such a state has areas where qualities characteristic of a Rechtsstaat are dominant and where justices is realized in practice. In contrast to this notion of an Unrechtsstaat, Gerd Roellecke holds that the differentiating quality of an Unrechtsstaat is that it does not expect the equality of all people. In contrast with historical "Nichtrechtstaaten" (non-Rechstaaten), Unrechtstaaten have the capacity to be Rechstaaten after a period of historical development.