Intro Rule of law

• Maatschappijleer
• Middelbare school
• vwo
• Leerjaar 4

Rule of law!?

Portfolio assignment 1: covid & human rights

Visit https://www.amnesty.nl/wat-we-doen/campagnes/mensenrechten-en-corona/nieuws. Read an article about a case you find interesting, OR watch a mini-lecture on the consequences of Covid-19 on human rights in Greece, Hungary or Hongkong.

Write a short summary of your chosen case.

 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'

• Show the dilemma between enforcing the law and protecting fundamental rights in this case
• Which task do you find more important in this case? Why?
• Come up with another example of the tension between enforcing the law and protecting fundamental rights. 

Statement: 

Preventing terrorism is more important than protecting fundamental rights 

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.

Statement: 

The Dutch government should only finance secular 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...?

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?

What is the most just form of punishment?

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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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. 

www.ted.com

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

Class justice

When people with power/money/education/etc. get treated better within the legal system than people without.