Balancing Act Security
A Legal-Philosophical Critique of the Protective Function of the Security Authorities
Abstract
This article focuses on the question of whether the task of the security authorities to protect public safety can justify unlawful encroachments on fundamental rights committed by them. First, the concept of security is analysed and criticised. This is followed by an analysis of the normative compatibility of the concept of security with the legal system. In particular, the legal principles and the concepts of possibility, probability and risk as standards of assessment for the justification of encroachments on fundamental rights by security authorities as well as predictive policing as measures for determining the concepts are discussed. It is shown that the task of the security authorities to protect public safety cannot justify unlawful encroachments on fundamental rights in any way.