Summary Social Studies 2.1, 2.2, 2.7, & 3.1-3.6
2.1 What is a state governed by the rule of law?
Rules are often about rights and obligations: what you are entitled to and what you have to do.
Why rules and laws are useful
- Some rules are unwritten, some are written down (code of conduct at school, prohibition against theft in Bible)
- Legal standards = rules of conduct that the government has laid down in statutory laws and regulations.
o The sum of all these statutory rules is ‘the law’.
o Legal standards provide a structure, so life in society can proceed in an orderly fashion (stopping at red
light for example).
- There are also legal standards that are linked to our shared values and norms in a society
o The value of respect is linked to the norm that people should not punch each other.
This is reflected in the laws against physical assault.
Everyone should have the same opportunities.
Areas of law
- Public law governs the relationship between private citizens and public authorities.
o This includes criminal law, which determines what behavior is subject to punishment.
- Private law or civil law regulates how private entities interact with each other.
o Not only people but also companies for example. Legal entities
o This determines, for example, how to establish an association or club. And civil law about marriage
divorce, inheritance, etc.
- Private law is about rights and obligations
Justice
- Legal standards must be aligned with how private citizens understand the concepts of right and wrong: justice.
- The law is always evolving: laws change along with our views.
Origins of the rule of law
- For a long time, there was not a rule of law, or any rules at all.
- Rule of law = a legal system in which fundamental rights protect individuals from abuses of power and arbitrary
violations.
Core tasks of the government
- In a state governed by the rule of law, the government has two core tasks:
o Law enforcement = the state must ensure that we obey the law.
o Legal protection = laws protect us from abuses of power by the government.
- To carry out its enforcement tasks, the government has more power than we do:
o A monopoly on violence. For example, police officers are allowed to use pepper spray on football
supporters who are fighting.
- The government also has to follow the rules laid down in the laws, suspects also have rights and individuals
should also be protected by the government for the government (legal protection)
, Countries not governed by the rule of law
- In an authoritarian state, a single person in power, or a small group of people, decide what the rules are. They
have the power to eliminate political opponents without trial and to deny rights and freedoms to the people.
- Such practices are seen in dictatorships: Russia, North Korea, and Saudi Arabia.
2.2 Conditions for a state governed by the rule of law
Principles of the rule of law
- The rule of law is there to ensure safety of private citizens: to protect individuals against the pwer of the state
and to ensure that people are treated equally and can live in freedom.
- A state governed by the rule of law must meet three conditions:
1. Fundamental rights are laid down in the constitution
2. A separation of powers has been established
3. The principle of legality applies
Constitutional rights
- The constitution defines the fundamental rights of the inhabitants and how the state is organized.
- Fundamental rights = the basic rights you need to live a life of basic human dignity. Also referred to as human
rights.
- Two categories fundamental rights:
1. Classic fundamental rights, such as the right to equal treatment, freedom of expression, freedom of religion
and the right to bodily integrity. These rights must be guaranteed by the government.
2. Fundamental social rights, such as the right to work, health care, and housing. The government cannot
guarantee these rights, but must make an effort to ensure that they are provided.
- A amend in the constitution requires two round of voting, with elections in between:
o The first round a simple majority and the second round a two-thirds majority.
Separation of powers
- Trias Politica = the separation of powers
- The legislative branch makes the laws that citizens and the government must follow.
- The executive branch handles implementation of laws that have been approved. The government is responsible
for this.
- The judicial branch makes decisions in conflicts and assesses whether someone has broken the law.
- The most important feature is that the three different state powers keep each other in check = checks and
balances: each of the three branches is accountable to the other two.
The judicial branch
- Neutral and independent judges ensure fair and impartial justice.
o This also makes sure the citizens are protected from the government.
- An independent judiciary must also prevent people from pursuing vigilante justice, by ensuring that offenders
have a fair trial and get the punishment they deserve.
- A judge has lifetime appointment. They cannot be dismissed if the government does not like their rulings.
- If a judge appears biased, you can seek disqualification by making a challenge. If the motion to disqualify is
granted, a different judge will be appointed to preside over the case.
Principle of legality
- The government’s powers are limited. These limits are based on the principle of legality = the government is
only allowed to restrict the freedoms of citizens if those restrictions have already been laid down in laws.
- Laws are subject to approval by the democratically elected parliament.
2.1 What is a state governed by the rule of law?
Rules are often about rights and obligations: what you are entitled to and what you have to do.
Why rules and laws are useful
- Some rules are unwritten, some are written down (code of conduct at school, prohibition against theft in Bible)
- Legal standards = rules of conduct that the government has laid down in statutory laws and regulations.
o The sum of all these statutory rules is ‘the law’.
o Legal standards provide a structure, so life in society can proceed in an orderly fashion (stopping at red
light for example).
- There are also legal standards that are linked to our shared values and norms in a society
o The value of respect is linked to the norm that people should not punch each other.
This is reflected in the laws against physical assault.
Everyone should have the same opportunities.
Areas of law
- Public law governs the relationship between private citizens and public authorities.
o This includes criminal law, which determines what behavior is subject to punishment.
- Private law or civil law regulates how private entities interact with each other.
o Not only people but also companies for example. Legal entities
o This determines, for example, how to establish an association or club. And civil law about marriage
divorce, inheritance, etc.
- Private law is about rights and obligations
Justice
- Legal standards must be aligned with how private citizens understand the concepts of right and wrong: justice.
- The law is always evolving: laws change along with our views.
Origins of the rule of law
- For a long time, there was not a rule of law, or any rules at all.
- Rule of law = a legal system in which fundamental rights protect individuals from abuses of power and arbitrary
violations.
Core tasks of the government
- In a state governed by the rule of law, the government has two core tasks:
o Law enforcement = the state must ensure that we obey the law.
o Legal protection = laws protect us from abuses of power by the government.
- To carry out its enforcement tasks, the government has more power than we do:
o A monopoly on violence. For example, police officers are allowed to use pepper spray on football
supporters who are fighting.
- The government also has to follow the rules laid down in the laws, suspects also have rights and individuals
should also be protected by the government for the government (legal protection)
, Countries not governed by the rule of law
- In an authoritarian state, a single person in power, or a small group of people, decide what the rules are. They
have the power to eliminate political opponents without trial and to deny rights and freedoms to the people.
- Such practices are seen in dictatorships: Russia, North Korea, and Saudi Arabia.
2.2 Conditions for a state governed by the rule of law
Principles of the rule of law
- The rule of law is there to ensure safety of private citizens: to protect individuals against the pwer of the state
and to ensure that people are treated equally and can live in freedom.
- A state governed by the rule of law must meet three conditions:
1. Fundamental rights are laid down in the constitution
2. A separation of powers has been established
3. The principle of legality applies
Constitutional rights
- The constitution defines the fundamental rights of the inhabitants and how the state is organized.
- Fundamental rights = the basic rights you need to live a life of basic human dignity. Also referred to as human
rights.
- Two categories fundamental rights:
1. Classic fundamental rights, such as the right to equal treatment, freedom of expression, freedom of religion
and the right to bodily integrity. These rights must be guaranteed by the government.
2. Fundamental social rights, such as the right to work, health care, and housing. The government cannot
guarantee these rights, but must make an effort to ensure that they are provided.
- A amend in the constitution requires two round of voting, with elections in between:
o The first round a simple majority and the second round a two-thirds majority.
Separation of powers
- Trias Politica = the separation of powers
- The legislative branch makes the laws that citizens and the government must follow.
- The executive branch handles implementation of laws that have been approved. The government is responsible
for this.
- The judicial branch makes decisions in conflicts and assesses whether someone has broken the law.
- The most important feature is that the three different state powers keep each other in check = checks and
balances: each of the three branches is accountable to the other two.
The judicial branch
- Neutral and independent judges ensure fair and impartial justice.
o This also makes sure the citizens are protected from the government.
- An independent judiciary must also prevent people from pursuing vigilante justice, by ensuring that offenders
have a fair trial and get the punishment they deserve.
- A judge has lifetime appointment. They cannot be dismissed if the government does not like their rulings.
- If a judge appears biased, you can seek disqualification by making a challenge. If the motion to disqualify is
granted, a different judge will be appointed to preside over the case.
Principle of legality
- The government’s powers are limited. These limits are based on the principle of legality = the government is
only allowed to restrict the freedoms of citizens if those restrictions have already been laid down in laws.
- Laws are subject to approval by the democratically elected parliament.
