Intro Rule of law

• Maatschappijleer
• Middelbare school
• vwo
• Leerjaar 4

Rule of law!?

 Rule of Law

= a state in which every citizen, including rulers, are subject to the law. This protects citizens against arbitrary actions and misuse of power by state authorities. 

• Main values:  equality and liberty.
• Basic principles: (1) seperation of powers (Trias politica),  (2) the legality principle and (3) fundamental rights.
  

At the end of this lesson, you can...

• Describe what is meant by the rule of law.
  
• Explain the three principles of the rule of law  (Trias Politica,
  fundamental rights, legality principle).
• Recognize the tension between the two main tasks of the rule of law (enforcing the law and protecting fundamental rights)

https:

Why is the separation of powers important?

Legality principle

=  no crime can be committed, nor punishment imposed without a pre-existing law.

Fundamental rights

• = Rights that are so basic to the freedom, personal development, welfare and protection of the individual and of groups, that they have been embedded in the constitution.
• Two types: classical and social 

Classical rights

= Civil and political rights and liberties

(e.g. freedom of expression, right to vote, right to privacy, prohibition of discrimination, freedom of religion, etc.)

Enforceable, no order!

Social rights

= Economic, social and cultural rights

(e.g. right to education, housing, healthcare, leisure, employment, etc.)

Very recent (1983), not easily enforceable (''promote'')

Case 1: memes

• Which two fundamental rights are at odds with each other in this case?
• Where should we draw the line according to you?
• Why is there no ranking of fundamental rights?

The rule of law has two main tasks:

• Enforcing the law 
• Protecting fundamental rights

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Case 2: patseraanpak

How does the tension between law enforcement and protecting fundamental rights become visible in this example?

What do you find most important in this case? Why?

Ethnic/racial profiling

= the act of suspecting or targeting a person on the basis of assumed characteristics or behavior of a racial or ethnic group, rather than on individual suspicion.

Ground rules for class discussions

When you are talking:

1. Speak audibly

2. Build on what has been said (opinion/addition/question)

When you are not talking:

3. Look a the person who is talking to show that you are actually listening

4. Don't interrupt (not by raising your hand either)

Statement: preventing terrorism is more important than protecting fundamental rights

Use the following sentence starters: 

I (dis)agree with..., because...

I would like to add to... that...

I have a question about.../Could you explain...?

At the end of this lesson, you can...

• Describe what is meant by the rule of law.
  
• Explain the three principles of the rule of law  (Trias Politica,
  fundamental rights, legality principle).
• Recognize the tension between the two main tasks of the rule of law (enforcing the law and protecting fundamental rights)

Why do we punish people?

At the end of this class, you can explain the following perspectives on (criminal) justice

1.  Retribution
2. Rehabilitation
3. Deterrence
4. Restoration

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6:45

Retributive justice

The only way for justice to be satisfied is for a wrongdoer to suffer in proportion to the way he’s made others suffer.

Rehabilitation

Give wrongdoers help, so they can learn how to get along in society and follow its rules.

Deterrence

Punishment is for the good of society as a whole. Sometimes, we punish people to send a message to other people.  

Restorative justice

The focus is on making amends, rather than making the wrongdoer suffer. The hope is that this will lead to healing and growth for both the wrongdoer and the wronged. 

Which type(s) of justice does this prosecutor promote? Which ones does he think are less or even counter-effective? Why?

Find out more by:

• Visiting uwc.nl and signing up for the information sessions (November 14th, 17th and 19th)
• Asking me! I spent 6 months as an intern at UWC Costa Rica and 1 month teaching global politics at UWC RCN in Norway

What is the difference between elections in the Netherlands and elections in the USA?

Today's questions

• How did Trump and Bush win the presidential elections even though they didn't get the majority of the votes?
• Why are there only two big parties (democrats and republicans) in the US while the Netherlands has 13?

Proportional representation electoral system

Seats in parliament are divided among the parties in proportion to the amount of votes each party received.

Current system in the Netherlands

District electoral system

= majority system, country is divided into several districts and every district gets 1 seat in parliament --> ''Winner takes it all''

In US, UK, France, etc. AND the Netherlands until 1917

The Netherlands should go back to having a district electoral system 

• 5 teams in favor, 5 teams against. 1 spokesperson per team.
• First 5 minutes: skim article in silence 
• Next 5 minutes: discuss your arguments with your team. 
• Next 5 minutes: DEBATTLE!   
• In favor starts, 30 seconds per team.

Ground rules for class discussions

When you are talking:

1. Speak audibly

2. Build on what has been said (opinion/addition/question)

When you are not talking:

3. Look a the person who is talking to show that you are actually listening

4. Don't interrupt (not by raising your hand either)

1. Come up with a fundamental right which gives me permission to show the Mohammed cartoons.

2. Come up with a fundamental right according to which it is not a good idea to show them.

Statement: all social studies teachers in the Netherlands should show the Mohammed cartoons in their classes

Use the following sentence starters: 

I (dis)agree with..., because...

I would like to add to... that...

I have a question about.../Could you explain...?

Statement: the Dutch state should only finance secular (non-religious) schools

Use the following sentence starters: 

I (dis)agree with..., because...

I would like to add to... that...

I have a question about.../Could you explain...?

Intro politics