État légal

The État légal (English: "legal state"), also called "legicentric state",^[1] is a doctrine of continental European legal thinking, originated in French constitutional studies, which argues for the primacy of the law over constitutional rights.

Contrary to the police state – where the law is arbitrary, unequally applied, and its making outside of non-state control – and to the Rechtsstaat ("state of rights") – in which constitutional rights are viewed as preceding and superseding the authority of the law – the état légal is a form of rule of law where the law is applied equally – i.e. to the people and to the state – as it is decided, that is without, or with reduced, constitutional limits upon the will of the lawmaker.^[2][3][4]

In democratic regimes enforcing universal suffrage, the état légal gives absolute primacy to the decision of the majority of the voters – generally via their elected representatives – which can lead to decisions possibly detrimental to the rights of minorities or contrary to human rights.^[2][3][4] As defined by constitutional jurist Dominique Rousseau, the état légal "subjects the executive power, administration and justice to the rule of law passed by Parliament, a rule which, as the expression of the general will, is indisputable and cannot therefore be judged."^[4]