legality

Legality is the legal admissibility of an act , toleration or omission . The legal term also encompasses the legal existence of legal relationships between people (e.g. legal relationship, legal relationship), between people and property (e.g. legal possession of weapons ) and between people and rights (e.g. permission ). A distinction must be made between this and legitimacy .

Word explanation

The word "legality" comes from the Latin ( Latin lex, legis, legalitas ) and means law / legality, in other words: a law is a collection of generally binding legal norms , which in a formal process by the authorized state body - the Legislature - has been enacted.

Definitions

Legality : Is the conformity of state or private action with the applicable positive law ( constitution , laws, other legal provisions ). The binding of all state power to the applicable law is an essential part of the rule of law .

On the verge of legality : An act that is barely covered by the law, but is already moving into the area of illegality ( illicity ).

Legality principle : a principle in criminal proceedings , which states that the law enforcement agency with suspicion of a criminal offense ex officio ( Latin ex officio ), has therefore to determine without display or application.

Kant

According to Immanuel Kant , legality is “the outwardly ascertainable conformity of an action with the law without considering the motive”. The opposite concept is morality , i. H. not just acting in accordance with duty, but acting out of duty.

illegality

The opposite of legality is illegality . It denotes a violation of applicable law, regardless of whether by the citizen or the state. As with legality, the relationship to an object is possible. One form of illegality is criminal liability . If a violation of legality has been determined by law as particularly worthy of ostracism, it is a criminal offense. A milder form is an administrative offense .

The legality was also mentioned in connection with parties in the Weimar Republic . In a judgment of February 21, 1930 , the Reichsgericht denied the NSDAP the "character of legality". In modern democracies this is called anti- constitutional .

Web links

Wiktionary: Legality - explanations of meanings, word origins, synonyms, translations

Georges Labica : Illegality (PDF; 126 kB), Historical-Critical Dictionary of Marxism , Volume 6 / I.

Individual evidence

^ Carl Creifelds : Legal dictionary , 21st edition. 2014, ISBN 978-3-406-63871-8 .
↑ Alois Halder: Philosophical Dictionary . (Term legality).
↑ See Rudolf Breitscheid's speech in the Reichstag on February 24, 1932.

[1] Carl Creifelds : Legal dictionary , 21st edition. 2014, ISBN 978-3-406-63871-8 .

[2] Alois Halder: Philosophical Dictionary . (Term legality).

[3] See Rudolf Breitscheid's speech in the Reichstag on February 24, 1932.