Notes on the lectures from the course (2025) Security and the Rule of Law. INCLUDES notes from
lectures 1-6 (Total: 23 pages).
Security and the Rule of Law Lecture Notes (Lectures 1-6)
Table of Contents
Lecture 1: Introduction Rule of Law & Security in Theory 1
Lecture 2: ‘Use of Force’ 5
Lecture 3: Institutionalising Inhumanity 10
Lecture 4: Intelligence & the Rule of Law 14
Lecture 5: Protest, Public Order & the Rule of Law 17
Lecture 6: International Interventions in Conflicts – Balancing Peace & Justice 19
, 1
Lecture 1: Introduction Rule of Law & Security in Theory
Introduction
Security & Rule of Law (RoL): The separation of power & limits to authority & coercive powers of
states. Analyse security necessities & issues related to legal structures & norms (informal shared
expectations of behaviour). Need to balance the necessities with rights & freedoms.
1. Law on the National Level
Law: A set of legal rules that governs the way members of society act towards one another (i.e.
behavioral codes guiding people into actions that conform to societal expectation).
➔ Laws are norms supported by codified social sanctions (based on culture & history).
➔ Necessary for order (& justice?)
➔ Sources:
◆ Constitution, legislation (national & international), general administrative decisions,
case law (jurisprudence), recognised customs, international treaties & religious texts.
◆ Different/mixed domestic legal systems, placing varying emphasis on civil
(continental Europe), common (anglo-saxon), religious & customary law.
➔ Function:
I. Order (security) = essential prerequisite of society. Law provides the security that
facilitates social & political development. The state chooses what is (NOT) legal &
designates actors responsible for upholding these laws to maintain public security
(state monopoly of the use of force). To do this, the state needs to be a sovereign.
II. Justice = contested definitions. Overall based on fairness, moral rightness & a
scheme of law in which every person receives their due from the system (all natural
& legal rights).
Sovereignty = the state can control its own citizens (protection of the state against its citizens),
enforce rules (protection of the common good/collective interests) & defend itself (protection from
other states). This general relationship of power is part of the state (regardless of type or
constitution).
➔ Internal Sovereignty: The state actors govern society by consent or through other means (i.e.
possibility to tell people what to do).
◆ Superiorem non recognoscens (the state is the ultimate power, nothing is above it).
◆ Inter-governmental organisations (NO state power given) vs. supranational
organisations (state gives a part of their power).
➔ External Sovereignty: NO other state can interfere in their activities. Elements:
◆ Empirical statehood = the functioning government has internal legitimacy & the
external elements of statehood.
◆ Judicial statehood = other states accept the statehood.
HOWEVER, the state is also a political entity (relationship between law & politics).
➔ Different political regimes have a different balance between law & justice (i.e. different legal
regimes, traditions & sensitivities).
➔ Specificity of democratic rule & politics. A balance between legal policy (order) & political
policy (justice).
, 2
2. Rule of Law & Relationship with Security
Philosophical discussions (morality, fairness, justice):
● Aristotle = law as the basis of society, with citizens as servants of law.
● Montesquieu = separation of power into balanced branches.
● Kant = the state is there to take care of you (build trust), BUT it has to show self-restraint
(avoid abuses of power) → “rechtsstaat”.
● Hobbes = the state should have the most power (Leviathan).
● Rousseau = man is of good nature & can move towards a just society. HOWEVER, men are
also slaves of their self-interest (ego), hence there is a need for majoritarian rule with
collective will.
● Locke = focused on property rights. There is such a thing as natural law (rejected
majoritarian rule). The state should protect your property rights.
● Rawls = veil of ignorance & original position thought experiment (i.e. if you would look at
society without knowing your place, you would choose the most just rules). Focused on
social & group rights.
Core elements:
1. What should it look like procedurally?
2. What is our idea of justice?
3. How can this be maintained as a system that takes these procedural & substantive elements
into account?
Bedner’s elementary approach (categories) to the RoL:
I. Procedural elements = limiting the government’s exercise of the coercive powers (i.e.
protection of citizens against the State).
● Rule by law (consistency) following the basic principles for good administration.
Rules can still change over time.
● State actions subject to law (impartiality).
● Formal legality (predictability).
● Democracy (rationality).
II. Substantive elements = protection of citizens against the State & against each other.
Principles of justice (BUT justice’s meaning is a political creation).
● Protection of individual rights & liberties (state’s self-restraint towards its use of
power/protection of citizens against state).
● Protection of social rights & liberties (state’s attempt to increase citizen’s welfare &
protect them from each other) → depends on the subjectivity of the RoL (hazy).
● Protection of group rights & liberties (mixture) → depends on the subjectivity of the
RoL (hazy).
III. Controlling mechanisms:
● Trias politica (separation of powers) between legislative, executive & judicial power.
● Checks & balances.
● Other guardian Institutions (e.g. Human Rights Institutions, Ombudsmen).
lectures 1-6 (Total: 23 pages).
Security and the Rule of Law Lecture Notes (Lectures 1-6)
Table of Contents
Lecture 1: Introduction Rule of Law & Security in Theory 1
Lecture 2: ‘Use of Force’ 5
Lecture 3: Institutionalising Inhumanity 10
Lecture 4: Intelligence & the Rule of Law 14
Lecture 5: Protest, Public Order & the Rule of Law 17
Lecture 6: International Interventions in Conflicts – Balancing Peace & Justice 19
, 1
Lecture 1: Introduction Rule of Law & Security in Theory
Introduction
Security & Rule of Law (RoL): The separation of power & limits to authority & coercive powers of
states. Analyse security necessities & issues related to legal structures & norms (informal shared
expectations of behaviour). Need to balance the necessities with rights & freedoms.
1. Law on the National Level
Law: A set of legal rules that governs the way members of society act towards one another (i.e.
behavioral codes guiding people into actions that conform to societal expectation).
➔ Laws are norms supported by codified social sanctions (based on culture & history).
➔ Necessary for order (& justice?)
➔ Sources:
◆ Constitution, legislation (national & international), general administrative decisions,
case law (jurisprudence), recognised customs, international treaties & religious texts.
◆ Different/mixed domestic legal systems, placing varying emphasis on civil
(continental Europe), common (anglo-saxon), religious & customary law.
➔ Function:
I. Order (security) = essential prerequisite of society. Law provides the security that
facilitates social & political development. The state chooses what is (NOT) legal &
designates actors responsible for upholding these laws to maintain public security
(state monopoly of the use of force). To do this, the state needs to be a sovereign.
II. Justice = contested definitions. Overall based on fairness, moral rightness & a
scheme of law in which every person receives their due from the system (all natural
& legal rights).
Sovereignty = the state can control its own citizens (protection of the state against its citizens),
enforce rules (protection of the common good/collective interests) & defend itself (protection from
other states). This general relationship of power is part of the state (regardless of type or
constitution).
➔ Internal Sovereignty: The state actors govern society by consent or through other means (i.e.
possibility to tell people what to do).
◆ Superiorem non recognoscens (the state is the ultimate power, nothing is above it).
◆ Inter-governmental organisations (NO state power given) vs. supranational
organisations (state gives a part of their power).
➔ External Sovereignty: NO other state can interfere in their activities. Elements:
◆ Empirical statehood = the functioning government has internal legitimacy & the
external elements of statehood.
◆ Judicial statehood = other states accept the statehood.
HOWEVER, the state is also a political entity (relationship between law & politics).
➔ Different political regimes have a different balance between law & justice (i.e. different legal
regimes, traditions & sensitivities).
➔ Specificity of democratic rule & politics. A balance between legal policy (order) & political
policy (justice).
, 2
2. Rule of Law & Relationship with Security
Philosophical discussions (morality, fairness, justice):
● Aristotle = law as the basis of society, with citizens as servants of law.
● Montesquieu = separation of power into balanced branches.
● Kant = the state is there to take care of you (build trust), BUT it has to show self-restraint
(avoid abuses of power) → “rechtsstaat”.
● Hobbes = the state should have the most power (Leviathan).
● Rousseau = man is of good nature & can move towards a just society. HOWEVER, men are
also slaves of their self-interest (ego), hence there is a need for majoritarian rule with
collective will.
● Locke = focused on property rights. There is such a thing as natural law (rejected
majoritarian rule). The state should protect your property rights.
● Rawls = veil of ignorance & original position thought experiment (i.e. if you would look at
society without knowing your place, you would choose the most just rules). Focused on
social & group rights.
Core elements:
1. What should it look like procedurally?
2. What is our idea of justice?
3. How can this be maintained as a system that takes these procedural & substantive elements
into account?
Bedner’s elementary approach (categories) to the RoL:
I. Procedural elements = limiting the government’s exercise of the coercive powers (i.e.
protection of citizens against the State).
● Rule by law (consistency) following the basic principles for good administration.
Rules can still change over time.
● State actions subject to law (impartiality).
● Formal legality (predictability).
● Democracy (rationality).
II. Substantive elements = protection of citizens against the State & against each other.
Principles of justice (BUT justice’s meaning is a political creation).
● Protection of individual rights & liberties (state’s self-restraint towards its use of
power/protection of citizens against state).
● Protection of social rights & liberties (state’s attempt to increase citizen’s welfare &
protect them from each other) → depends on the subjectivity of the RoL (hazy).
● Protection of group rights & liberties (mixture) → depends on the subjectivity of the
RoL (hazy).
III. Controlling mechanisms:
● Trias politica (separation of powers) between legislative, executive & judicial power.
● Checks & balances.
● Other guardian Institutions (e.g. Human Rights Institutions, Ombudsmen).
