Intro Rule of law

• Maatschappijleer
• Middelbare school
• vwo
• Leerjaar 4

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Rule of law!?

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).

 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) division of power (Trias politica),  (2) the legality principle and (3) fundamental rights.

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Why is the separation of powers important?

Why is the separation of powers important?

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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 

With your neighbour, come up with as many rights as possible that you think are written in the Dutch constitution.

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'')

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).

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. 

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