GTK-2.2-Conditions-for-a-state-governed-by-the-rule-of-law_2022
2.2 Conditions for a state governed by the rule of law
Lesson duration is: 60 minItems in this lesson
2.2 Conditions for a state governed by the rule of law
Program
Check homework (10 min)
Discuss 2.2
Read 2.2 in silence
Read 2.2 in silence, this means actual silence, no talking
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Independently read paragraph 2.2
quietly for the next 10 minutes
Quiet means truly quiet!
Are you finished?
Then read the next paragraph as well
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Main question of the section:
What are the conditions required for a state governed by the rule of law and what exactly do they involve?
Demonstration inflation
What is the downside is demonstration inflation?
In what way does this relate to the
Dilemma of a state governed by the rule of law
Think of a potential solution to the problem of demonstration inflation
Principles of the rule of law
Protection
Equal treatment
Living in freedom
Conditions of the state
Fundamental rights laid down in constitution
Separation of powers
Principle of legality
Fundamental rights
Fundamental rights / human rights: basic rights for leading a life of human dignity.
These rights are set out in the Constitution and in international treaties, conventions and declarations.
Differences between classic and social rights.
Classic fundamental rights
Fundamental rights guaranteed by
the government.
For example:
Principle of equality (Article 1)
Voting rights (Article 4)
Freedom of religious beliefs and ideology (Article 6)
Freedom of expression (Article 7)
Right of assembly and demonstration (Article 9)
Fundamental social rights
Fundamental rights for which the government has a duty of care.
For example:
Right to employment opportunity. (Article 19)
Right to social security. (Article 20)
Right to education. (Article 23)
Fundamental rights (in Dutch): classic and social
https://schooltv.nl/video/grondrechten-wat-voor-soorten-grondrechten-zijn-er-eigenlijk-allemaal/
Constitutional amendments
First constitution of the Netherlands: 1798
1917: Voting rights for all men.
1919: Voting rights for all women.
1983: Fundamental social rights added, such as right to housing
Changing the Constitution is complicated:
it requires two rounds of voting (first with an ordinary majority of votes, then with a two-thirds majority), and elections must be held in between.
Separation of powers
Legislative branch
Executive branch
Judicial
branch
Task: Makes laws
Government or parliament drafts a bill.
Parliament decides whether to adopt a bill by voting.
Task: Implements laws
Government ensures that adopted laws are implemented.
Manages civil servants.
Task: Administers justice
Determines whether someone (citizen, company, government) has broken the law
Gives an opinion in a conflict between citizens, companies and government.
Separation of powers
Legislative branch
Executive branch
Judicial branch
Senate
Government
(Ministers)
Judges
House of Representatives
Elected by the people
Monitors
Monitors
Answers to
Parliament:
Checks and balances
Different branches of government hold each other accountable.
Independent judiciary
Why is an independent judiciary important?
Ensures a fair trial.
Protects against the government.
Prevents people from pursuing vigilante justice.
Principle of legality
The government is only allowed to restrict the freedoms of citizens if those restrictions have already been laid down in laws.
This establishes legal certainty: citizens know what the government is and is not allowed to do.
Independently work on exercise 1, 2, 3, 4, 5, 6
in silence for the next 10 minutes
Silent really means silent!
After these 10 minutes you can discuss
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Test for after holiday
1.1 t/m 1.4
2.1 t/m 2.4
