Chapter 2: The Rule of Law

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Introduction

The rule of law

 Chapter 2: The Rule of Law

Afbeelding:

Tingey Injury Law Firm

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It should not be allowed to change the constitution

1

Agree

2

Disagree

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It should not be allowed to change the constitution

Last time I learned...

• I can provide an example of a dilemma and I can explain what values, norms and interests are and how they relate to each other

•  I can list and apply the four characteristics of social issues and use an IVA table

• I can list the three main mechanisms by which social issues can be resolved and explain how solutions can be find with violent or non-violent means

• I can explain and can give examples of the factors that limit or provide the solutions to a social issue

Learning goals

• I can list the key principles of a rule of law and explain why they are important.

• Explain the limitations of the Dutch judicial system.

• Summarise different types of crime and different kinds of punishment.

Name and describe the steps in the judicial process.

Explain how international institutions have influenced our rule of law and constitution and continue to do so.

2.1: Principles and History

Afbeelding:

Iñaki del Olmo

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Learning goals

• I can list the key principles of a rule of law and explain why they are important.

• I can explain how the different key principles function together.

• I can argue whether Dutch society can be considered to abide by the rule of law by applying these key principles.

Absolutism

A form of government in which the ruler has absolute power and authority.

Constitutional monarchy

 A form of government where the king or queen is the head of state, but their powers are limited by the constitution.

Constitutional monarchy

Absolutism

Montesquieu

L'etat, c'est moi

Louis XIV

Johan Rudolf Thorbecke

The Spirits of the Laws

Rule of Law

A society in which the law is the highest autorithy.

Principle of legality

Government must act in

accordance with existing laws; 

only the law can define what

constitutes a crime.

Do you think that we follow the principle of legality in reality?

1

No

2

Yes

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Do you think that we follow the principle of legality in reality?

Why do you think we do or do not follow this principle?

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Why do you think we do or do not follow this principle?

Codification

The process of

recording laws in a legal code.

Legal code

A set of written laws and regulations that determine what people can and cannot do in a particulier society.

Why is it so important to write down laws?

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Why is it so important to write down laws?

Legal certainty

People are in

a position to know the law, and

can expect the government to

act in accordance with it.

Fundamental rights

The basic

rights and liberties that people

within a society are entitled to.

Constitution

A set of fundamental laws and principles that establishes the framework for a government and defines the rights and duties of its citizens.

What do you think are the most important fundamental rights?

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What do you think are the most important fundamental rights?

Classical rights

• Outline the things that the government is not allowed to do. 

• They aim to protect de people from the government.

Social rights

A set of rights that aim to ensure individuals have access to basic social welfare and services such as access to adequate healthcare, education, housing, and social security.

Classical right

Social right

The right of equal treatment

The right to privacy

The right to body integrity

The right to healthcare

The right to education

Trias politica

• The division of a country’s government into separate branches: executive, legislative and judicial.

• The separation guards against abuse of power by any single branch through a system of checks and balances.

Checks and balances

A system through which government power is balanced, by entrusting different branches of government with the power to keep the others in check.

judicial branch

executive branch

legislative branch

ministers and state secretaries

judges

second and first chambers

2.2: Issues and dilemma's

Afbeelding:

Mikhail Pavstyuk

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examples of issues or dilemma's

Examples of issues or dilemma's

• Explain the limitations of the Dutch judicial system

• Give examples of dilemmas that arise due to these limitations

• Explain how a rule of law solves social issues, but also causes them

• Take a well-argued position in a dilemma or social issue in which civil rights clash

Learning goals

Constitution

A set of fundamental laws and principles that establishes the framework for a government and defines the rights and duties of its citizens.

The constitution protects our fundamental rights. Sometimes these rights are in conflict with each other. Can you think of two rights which are in conflict with each other?

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The constitution protects our fundamental rights. Sometimes these rights are in conflict with each other. Can you think of two rights which are in conflict with each other?

Do you think some fundamental rights are more important than others?

1

Yes

2

No

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Do you think some fundamental rights are more important than others?

Constitutional supremacy

• The final decision on new or altered laws rests with a constitutional court. 

• Law proposals that oppose the constitution will be strikken down by this court.

With which system does the Netherlands work?

With which system does the Netherlands work?

A

Constitutional supremacy

B

Parliamentary sovereignty

C

D

• An agreement between two or more countries that outlines their commitments and obligations to each others.

• Treaties can cover a wide range of issues, such as trade, defense, and human rights.

• Once signed, treaties are legally binding and must be followed by all countries involved.

Treaty

Ethnic profiling

When the police or law enforcement officials target or treat someone differently based on their perceived ethnicity or race.

Why do countries sign treaties?

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20

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Why do countries sign treaties?

What are solutions to stop ethnic profiling?

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What are solutions to stop ethnic profiling?

2.3 An introduction to criminal justice

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ev

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Learning goals

• Give a working definition of crime and formulate a critique of this definition

• Outline the principles of the criminal justice system

• Summarise different types of crime and different kinds of punishment

Crime

Any act that has been declared illegal by the government and is punishable by law.

Misdemeanour

A minor criminal offense of the law that is less serious than a felony.

Is this a misdemeanour or a felony? Speeding ticket

1

Misdemeanour

2

Felony

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Is this a misdemeanour or a felony?

Speeding ticket

A violation of the law, or an agreement, committing an act that breaks the law.

Infraction

• The right to due process

• Nemo Tenetur

• Presumption of innocence

• Right to counsel

Additional rights in criminal justice

• The responsibility placed on one party in a legal proceeding to prove the accusations or claims made against the other party. 

• The burden of proof lies with the prosecution or plaintiff. 

The burden of proof

Do you think showing remorse should result in a lower sentence? Why?

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Do you think showing remorse should result in a lower sentence? Why?

Everybody should always have a attorney

1

Yes

2

No

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Everybody should always have a attorney

2.4: Getting justice done in the Netherlands

Afbeelding:

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Learning goals

• Name and describe the steps in the judicial process

• Name and describe the actors involved in that process and their roles

• Describe the different kinds of punishment and measures that exist in the criminal justice system and how they are applied 

Civil justice or civil procedure

Area of the judicial branch that concerns itself with settling disputes between people and organisations.

Administrative justice

An area of the judicial system that citizens and organisations can turn to if they are in dispute with the government.

Your neighbour has parked his car in the wrong spot and you got in a accident because of that. To who do you go? The civil justice or the administrative justice?

1

Civil procedure

2

Administrative justice

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Your neighbour has parked his car in the wrong spot and you got in a accident because of that.

To who do you go? The civil justice or the administrative justice?

Your neighbour has parked his car in the wrong spot and you got in a accident because of that. To who do you go? The civil justice or the administrative justice?

Citizens starting a lawsuit because they believe the government should be doing more for the enviroment. Should they go to the civil justice or the administrative justice?

1

Civil procedure

2

Administrative justice

Citizens starting a lawsuit because they believe the government should be doing more for the enviroment. Should they go to the civil justice or the administrative justice?

Criminal justice

An area of the judicial branch

that concerns itself with investigating and punishing criminal offenses.

Supreme court

• The highest court in the country. 

• Its verdicts are final and cannot be appealed.

Culpable

• The extent to which someone is guilty. 

• If someone has a psychological disease, this may partially explain someone’s behaviour and make someone less culpable than a person who willingly committed a crime.

Do you think culpablity should be considered in the sentence?

1

Yes

2

No

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Do you think culpablity should be considered in the sentence?

The defendant is

released without sentence.

Acquittal

The defendant is

found guilty and senctenced.

Conviction

The defendant is found guilty, but released without sentence because they are deemed inculpable (blameless).

Discharge

Acquittal

Convinction

Discharge

Convicted but not punished

Defendant is cleared

Convicted and punished

Jurisprudence

The total of verdicts from all previously decided court cases.

A monetary penalty or punishment that is imposed by a court or other authority for breaking a law or rule.

Fine

Do you think fines should be depening of income?

1

Yes

2

No

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Do you think fines should be depening of income?

A legal term that refers to a punishment given to a convicted criminal that involves being sent to prison or jail for a specific period of time.

Custodial sentence

Refers to the process of helping a person to successfully re-enter society after their time in prison.

Reintegration

What more can we do to help returning citizens from prison?

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What more can we do to help returning citizens from prison?

Is when a prisoner is

released from prison before

the end of their sentence, but

they are still under supervision of a parole officer.

Parole

Refers to a court-ordered requirement for a person who has committed a crime to perform unpaid work for the benefit of the community instead of serving time in jail or paying a fine.

Community service

Do you think community service works to make sure people do not commit a crime in the future? Why?

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Do you think community service works to make sure people do not commit a crime in the future? Why?

• A form of additional penalty or punishment imposed by a court on a convicted offender. 

• It is intended to further punish the offender beyond their primary sentence.

Supplementary punishment

Measures

Judges can impose certain measures in addition to punishment.

Do you think we should be more critical with who en when we let people out of psychiatric detention?

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Do you think we should be more critical with who en when we let people out of psychiatric detention?

• A punishment given to someone who has committed a crime as a way of getting back at them or taking revenge. 

• It is intended to make the offender suffer in some way as a consequence of their wrong doing.

Retribution

• Discourages or prevents someone from doing something. 

• It is usually used to prevent undesirable behavior, such as crime or illegal activities, by making the potential consequences or punishments seem more severe.

Deterrent

• The process of helping a person recover from a physical or mental illness, injury, or addiction. 

• It is usually focused on restoring the person’s ability to function independently and participate in daily life.

Rehabilitiation

Which purpose of punishment focusses on discouragement?

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Which purpose of punishment focusses on discouragement?

A

Retribution

B

Safety

C

Rehabilitation

D

Deterrent

Which purpose of punishment do you find most important?

1

Retribution

2

Deterrent

3

Rehabilitation

4

Savety

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Which purpose of punishment do you find most important?

2.5 The rule of law and international orientation

Afbeelding:

Claire Anderson

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• Explain how international institutions have influenced our rule of law and constitution and continue to do so.

• Explain how treaties have an influence on a country’s sovereignty.

• Compare the rule of law of the Dutch state regarding values and practices to that of other countries.

• Form an opinion about the Dutch legal system by comparing it to the peculiarities of legal systems from other countries.

Learning goals

• To secure peace and safety in the world.

• To create a platform so that different countries could discuss social issues with one another.

• To have different states work together to solve those issues.

Goals of the UN

The Universal Declaration of Human Rights is a treaty

1

True

2

False

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The Universal Declaration of Human Rights is a treaty

The European convention of human rights is a treaty

1

True

2

False

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The European convention of human rights is a treaty

The power of a government to rule its own people and everything that happens in the country.

Sovereignty

Power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution.

Judical review

The Netherlands is a government advisory body that provides advice to the government and parliament on legislative

proposals, administrative decisions, and other important issues.

The counsil of state

Do you consider yourself more pro judical review or pro counsil of state? Why?

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Do you consider yourself more pro judical review or pro counsil of state? Why?

What did you learn this chapter?What did you learn this chapter?

What did you learn this chapter?

What do you think is still difficult?

What do you think is still difficult?

Learning goals

• I can list the key principles of a rule of law and explain why they are important.

• Explain the limitations of the Dutch judicial system.

• Summarise different types of crime and different kinds of punishment.

• Name and describe the steps in the judicial process.

• Explain how international institutions have influenced our rule of law and constitution and continue to do so.

End of chapter 2: The rule of law