Rule of law

• Maatschappijleer
• Middelbare school
• vwo
• Leerjaar 4

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).
• Recognize the tension between the two main tasks of the rule of law (enforcing the law and protecting fundamental rights)

 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.
  

The rule of law has two main tasks:

• Enforcing the law 
• Protecting fundamental rights

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'')

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.

Why is the separation of powers important?

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...?

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?

Why do we punish?

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...?