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Summary rule of law
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Samenvatting maatschappijleer rule of law paragraph 1/8Paragraph 1
Learning objectives
- Knowing when we consider a state to be under the rule of law
- Understanding why the rule of law is a social contract
- Knowing and understanding the three principles that underpine the rule
of law
- Knowing what is explained in the UVRM (UDHR) and EVRM (ECHR)
The rule of law is a social contract in which the rights and duties of both citizens and the government
are written down. Started excisting in 1789.
A state under the rule of law is a state in which citizens have basic rights and all protected against the
power and arbitrary actions of the government
The most important law that describe the rules of the game are written in a constitution (grondwet)
When norms are written down and are valid to everyone they are called laws
Norms implicit rules on how to behave
The rule of law is a kind of social contract peace treaty that citizens implicity agree to solve
disagreements democratically
Three principles underpine the rule of law, citizens have fundamental rights
- Trias politica prevent citizens for the abuse of power of the government
- Principle of legality every limitation of your freedom should be specified in laws
- Basic rights
UVRM = universieel verdrag van de rechten van de mens
EVRM = europees verdrag van de rechten van de mens
These two things where created after world war 2, without human rights there is no rule of law and
where human rights are violated, the rule of law comes under threat
, Paragraph 2
Learning objectives
- Describing the history of our constitution (learn the five most influential
events in its history)
- Understanding the difference between traditional basic rights and basic
social rights
- Understanding how rights can work horizontally and vertically
- Being able to give examples of how certain traditional basic rights can
conflict with eachother
1798 first constitution, state regulations
1806 Netherlands a constitutional monarchy
1814/1815 Thor Becke introduced kiesrecht and ministerial responsibility + king no longer has
absolute power ministers were responsible
1917/1919 general suffrage for men and woman
1983 introduction of basic social rights
Traditional basic rights = principle of equality , political rights and the rights to freedom. A
fundamental feature is that they imply a restriction of the governments powers with regard to its
citizens.
Basic social rights = employment and free choice of work, social security and welfare, quality of life
and the environment, public health and living accommodation, education.
The difference between these 2 is that the government has to take active measures to secure our
basic social rights and that citizens cannot obtain them from the courts. An example is that the
government has to prevent unemployment but it cannot always prevent people from being
unemployed.
Fundamental rights work horizontally when they concern relationships between citizens themselves.
For example the question of whether the right to privacy is violated if an employer checks the e-mails
of his employees.
Rights work vertically when we are talking about the relationship between citizens and their
government. The state has to respect the freedoms and rights of citizens after all
Is a political party allowed to make racist remarks pleading its right to freedom of speech, or should
this be forbidden because it is discriminatory towards some people. Should a magazine be permitted
to publish whatever it likes? Should the government exercise positive discrimination to help minority
groups by giving them priority? This are examples pf how traditional rights can conflict with each
other.
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