51. It is not characteristic of a democratic state governed by the rule of law that …

Answer options

1. People can voice criticism of the government.
2. Citizens may engage in peaceful demonstrations.
3. People are arrested by a private police force without cause.
4. Someone commits a crime and is therefore arrested.

Explanation

Under the Basic Law, the “democratic state governed by the rule of law” combines democratic legitimacy with the binding of all public authority to law (Article 20(3) GG). Freedom of expression (Art. 5 GG) and freedom of assembly (Art. 8 GG) are constitutive, protecting criticism of government and peaceful demonstrations. Any deprivation of liberty requires a statutory basis and judicial oversight (Art. 104 GG); the monopoly on legitimate force rests with the state, not private police. Arbitrary arrests by a “private police” violate the rule-of-law principle, whereas arrest after the commission of a crime is permissible under the Code of Criminal Procedure (e.g., § 127 StPO).