Civics Overview Rule of Law

• Civics
• Middelbare school
• WO
• vwo
• Leerjaar 4

Civics Overview

What is the key message of the current chapter?

Rule of law

Definition: A society where the law governs all, including the government

Purpose: Protects individuals from government overreach and ensures fairness

Key Idea: No one is above the law

Key principles

1. Principle of Legality

2. Separation of Powers

3. Fundamental Rights

4. Independent Judiciary

Legality is:

1. Government must act in accordance with the law
2. Everything that is legal
3. Everything the government does is legal

2. Separation of powers

3. Fundamental rights

We also have got fundamental rights to
protect us against the government. 

But also to create circumstance to have an adequate life. 

Put the fundamental rights in the right column

Classical rights

Social rights

Right to healthcare

Freedom of speech

Right to education

Right to privacy

Right to Equality

4

What does this
cartoon say about
the rule of law?

2.2 Issues and dilemma's

Two fundamental rights can clash.

Explain which 2 fundamental rights could clash here?

How to resolve?

Another issue: Laws can be against the constitution.
2 different systems in world:

1. Constitutional supremacy (US/Germany/France)

Constitutional court decides if laws are in line with constitution

(f.e.: US: abortion laws were against constitution)
If not: then law is not valid anymore

2. Psovereignty (Netherlands)

When making a law, parliament checks if laws are in line with constitution
Courts cannot decide upon this.

2.3 Criminal Justice

1. What is crime?

2. What is justice?

3. Principles of criminal justice. 

When is something a crime?

1. If the police thinks its a crime.
2. If you get caught
3. If it is in the law
4. If the government thinks it is a crime.

What is justice?

In your book there are mentioned 4 principles of criminal justice.

Why would we need additional principles when confronted with a criminal offence?

Principles of criminal Justice

1. Right to due process

2. Nemo tenetur
(you don't need to cooperate with your own conviction)

3. Presumption of innocense;

4. Right to counsel.

Which principle could be at stake?

Put the criminal proceedings in the right order

1

2

3

4

5

6

7

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Identification

Indictment

Discovery of the facts

Victims speaking time

Requisitoir

Defence arguments

Defendant Speaking Time

Verdict

When the judge thinks someone is not guilty his verdict is an

1. Discharge
2. Conviction
3. Acquittal
4. Accusal

4 reasons why we should punish

If we give someone 3 years of prison sentence and TBS for a murder. What is the purpose of the punishment?

Can a judge decide that someone as a punishment needs to do 1000 pushups?
Why (not)?

International orientation

4 international institutions

1. United Nations

2. Council of Europe

3. International Criminal Court (ICC)

4. European Union

All four influence the rule of law in The Netherlands and beyond.

Laws and rules in these institutions are made with a lot of countries, so our legislative part of government has less to say.

sovereignty

The right of a government to rule it's own people and everything that happens in a country.

International institutions also limit our sovereignty

Different ways to do justice

1. Chosen judges vs Judge who need to apply;

2. Jury vs Judges;

3. Death penalty or not?

Thomas Hobbes:

Without laws life would be cruel, nasty, brutish and short.

It would be a war of all against all.

We give some power to the government, 

to protect us against each other. It's a social contract.

The law protects us against the mighty government. 

Concluding

What is important in this chapter:

The purpose of the rule of law is to 

protect us from the government.

We give the government power, 

but we need to control the government.