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.
[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.
In a democratic state, where the power is entrusted to the people – generally via universal suffrage – the difference between the état légal and the Rechtsstaat has a significant consequence.
In the first situation, the decision of the majority is set in law as decided, and thereafter applied by the state; whereas in the Rechtsstaat, the state (or the majority) is limited in the nature of the laws it is able to introduce by a set of rules protecting fundamental and minority rights (e.g., the American constitutional amendments, or the German constitutional fundamental rights).