The decisive words are “without reason”.
A uniform, an assignment or a claim to provide security does not create unlimited arrest powers. The Basic Law protects personal liberty and places strict legal limits on deprivation of liberty.
Democracy also means that criticism of government and peaceful political participation are possible. These rights do not become unlawful merely because officials dislike the opinion expressed.
The other three answers
The other choices are in principle compatible with a democratic state under the rule of law.
people can express criticism of the government.
Criticism of government is protected by freedom of expression. The general legal limits on expression still apply.
citizens may peacefully demonstrate.
Peaceful demonstrations are a form of protected assembly. Statutory rules can govern how they are conducted.
someone commits a crime and is therefore arrested.
An arrest connected with an offence can be lawful when statutory conditions and procedures are followed. The exam choice does not authorise automatic arrest without assessment.
The rule of law permits authority but excludes arbitrariness.
The state may investigate offences and restrict liberty under statutory conditions. Reasons, procedural rights and judicial oversight are particularly important in this area.
The question tests the basic principle. It does not determine an individual arrest case or explain every narrowly limited power a private person may have.
Article 104 · Basic Law ↗Restricting liberty requires law, not merely power.
In this negative question, arrest without reason falls outside the rule-of-law framework.
Three words for this question
- die Willkürarbitrariness
- Acting without a sound legal constraint or objective basis.
- die Freiheitsentziehungdeprivation of liberty
- A particularly serious interference with a person’s liberty.
- die richterliche Kontrollejudicial oversight
- Examination of a measure by a court.