Chapter 5: The Rule of Law

• Maatschappijleer
• Middelbare school
• havo
• Leerjaar 5

Chapter 5: The rule of law

The rule of law

The rule of law

Learning goals

• I know what the trias politica is
• I know the differences and similiarities between norms and laws
• I can describe the criminal justice chain
• I can explain what question was central to the case against Geert Wilders
• I can give examples of arguments in favour and against a jury system

5.1: The trias politica

What is the main thought of the trias politica?

What is the main thought of the trias politica?

Lady justice: meaning of symbols

Power to punish

All arguments have to be weighed

Everyone is treated equally

Scales

Blindfold

Sword

5.2: Crime and the criminal justice system

Afbeelding

Tingeyinjurylawfirm

https://unsplash.com/photos/brown-wooden-tool-on-white-surface-veNb0DDegzE

Value

Something that

is important to you. Mostly consists of only one word.

Norm

A rule based on a

value.

Law vs. social norm

Similarities

• Based on value
• Tells us how to behave

Difference

• Breaking a law is illegal, breaking a social norm is not
• A law is made by the government

Can you think of a social norm that isn't a law?

Can you think of a social norm that isn't a law?

Why are not all social norms made into laws?

Why are not all social norms made into laws?

Criminal justice chain

All the steps that are taken and the groups that get involved from the moment a crime is committed to a verdict by a judge. These steps are called a chain, because all the parts

are linked together.

A judge has to be independent and impartial. What is the difference between these two?

A judge has to be independent and impartial. What is the difference between these two?

Parliament already decided on maximum punishments. What do you think, should they also decide on minimum punishments?

Parliament already decided on maximum punishments. What do you think, should they also decide on minimum punishments?

Yes

No

5.3 Freedom of speech

Afbeelding: 

Marcus Winkler

https://unsplash.com/photos/white-and-black-typewriter-on-green-grass-RMBZQFvPU4U

Classic rights

• Art. 1 Constitution: The right to equal treatment
• Art. 7 Constitution: Freedom of speech

How can these rights clash with each other?

How can these rights clash with each other?

In the verdict, Wilders was convicted. Do you agree with this? Use art. 1 and 7. in your answer

In the verdict, Wilders was convicted. Do you agree with this? Use art. 1 and 7. in your answer

Court of appeal

A higher court where you can go to if

you disagree with the ruling of a lower court. After a court case both the suspect and the public prosecutor have the right to appeal, which means the case has to

be tried all over again.

How does the case of Geert Wilders show trias politica in action?

How does the case of Geert Wilders show trias politica in action?

5.4: Has the jury reached a verdict?

Afbeelding:

Wesley Tingey

https://unsplash.com/photos/a-wooden-judges-hammer-on-top-of-a-table-RnfF8SXkzRw

Why would countries have a jury in court?

Why would countries have a jury in court?

What are arguments against a jury?

What are arguments against a jury?

Hof van Assisen

• Belgium
•  Jury decides if someone is guilty
• Judge and jury together decide on penalty

Should we also introduce a jury in the Netherlands?

Should we also introduce a jury in the Netherlands?

Yes

No

What did you learn this lesson?

What did you learn this lesson?

What do you still think is difficult?

What do you still think is difficult?

Learning goals

• I know what the trias politica is
• I know the differences and similiarities between norms and laws
• I can describe the criminal justice chain
• I can explain what question was central to the case against Geert Wilders
• I can give examples of arguments in favour and against a jury system

End of chapter 5: The rule of law