Terrorisierte Legislative und das Lemma des Terrorismus oder: Der Wandel einer politischen Vokabel zum Rechtsbegriff

Abstract

Up until very recently, the term »terrorism« was unknown in German law. Although »terrorism« has been an integral part of the political vocabulary in the field of internal and judicial policy for decades, it was unheard-of in the German legal system. As a legal concept, criterion or normative approach it did not exist, neither in constitutional law nor in ordinary statutory law (Criminal law/Police law). Meanwhile, however, terrorist threats and terrorist offenses are leaving a mark on German legislature. If a »terrorised legislator« embeds the term into the law for the first time, a precise legal definition of terrorism is indispensable. This is because it determines which actions count as »acts of terrorism« as well as who is regarded as a »terrorist«. Moreover the definition of terrorism triggers a range of controversial extensions of police and prosecutorial powers.