Presumably the suggestion is to enact legislation under which the state would effect such seizures, which wouldn’t facially be unlawful. It might be unconstitut

Presumably the suggestion is to enact legislation under which the state would effect such seizures, which wouldn’t facially be unlawful. It might be unconstitutional, or impermissible in a rechtstaat, or inconsistent with a basic structure, but that wouldn’t be the case everywhere. In the Norwegian case the unconstitutional operation of a law is disapplied inter partes but not erga omnes at least de jure, although the state may take a hint.