2.1 Rule of law - principles and history

• newEditor
• Civics
• Middelbare school
• vwo
• Leerjaar 4

Introduction to Rule of Law:
objectives of this lesson

After these lessons you

• Are able to describe what a Rule of Law is

• Can explain the four key principles of Rule of Law

• Can apply these characteristics to a specific case

Rule of law

• Definition: a society in which the law governs all, including the government

• Purpose:

  • It offers protection against the government

  • It offers protection by the government

  • It offers protection against fellow citizens

Start of the end of the monarchy in the US

• End of Monarchy in the US

• Write down:

  • What was the main problem of the colonies?

  • What did they want to get rid of?

• A king is mostly a absolutist ‘L’Etat c’est moi’

• The Colonies didn’t want a King anymore;
  

• So they had to think about how to create a State without someone having absolute power

What does a state need in order to prevent a leader getting too much power?

• Discuss this with your neighbour for one minute

• Report back your answers

Key principles of a Rule of Law

Key principles

1. The principle of legality:

• The government must act in accordance with existing laws

  • Only the law can define what constitutes a crime

1. Fundamental rights

• Classical rights: offer protection against the government (e.g. freedom of expression)

  • Social rights: offer protection by the government (e.g. the right to education)

1. Separation of powers

• Executive power (government)

  • Legislative power (parliament)

  • Judicial power (court system)

1. An impartial and independent Judiciary

Make assignment 3

• Questions 2, 3 and 4

• You can (quietly) discuss with your neighbour (sitting next to you, not in front of back!);

Conclusion

• What is a Rule of Law?

• Which characteristics does a Rule of Law have?