What should the law be

constitutional state

Term for a state in which the government and administration are only allowed to act within the framework of existing laws. The fundamental rights of citizens must be guaranteed, and state decisions must be able to be reviewed by independent courts. The rule of law is one of the fundamental principles of our state.
The Federal Republic of Germany is a republican, democratic and social constitutional state. This is what it says in the Basic Law [Art. 28 (1) GG]. First and foremost, this means: Everything that state authorities do in Germany is bound by law. State arbitrariness is excluded [Art. 20 (3) GG].
A key feature of the rule of law is the separation of powers, especially the independence of the courts.

- For the state administration, e.g. for a state school or the tax office, the following applies: It must be in accordance with the law, i.e. it must not act without a legal basis or even violate the constitution and laws with its actions (principle of legality). In particular, it must also respect the fundamental rights guaranteed to citizens in the constitution. All government action must also be appropriate to the situation. When the state intervenes, it must not overreact. A wrongful parking person may not be locked up by the police immediately (principle of proportionality). Citizens who feel offended by government action can appeal to independent courts in our constitutional state for their protection [Art. 19 (4), Art. 93 (4a) GG]. Administrative Court, constitutional complaint.

- The rule of law also includes legal certainty. The individual must be able to rely on the existing laws, he must be able to foresee the legal consequences of his actions. In the rule of law there are also extensive guarantees in the event of a deprivation of liberty: Anyone who is provisionally arrested by the police must be brought before a judge immediately, at the latest on the following day, and only he may order another deprivation of liberty (= detention). Anyone who is in prison may not be physically or mentally ill-treated [Art. 104 GG]. If there is a trial, the defendant has the right to a fair trial and must be able to defend himself adequately. Special courts are not permitted [Art. 101, 103 GG].

Source: Thurich, Eckart: pocket politik. Democracy in Germany. revised New edition Bonn: Federal Agency for Civic Education 2011.