Summary Social Studies
2.1 What is a state governed by the rule of law?
Rules and norms often arise from customs, traditions and beliefs
Legal standards: Rules of conduct that the government has laid down in
statutory laws and regulations
All these statutory rules together is referred to as ‘the law’
Public law governs the relationship between private citizens and public
authorities. Includes criminal law which determines what behaviour is
subject to punishment
Private law (civil law) regulates how private entities (people, companies
etc.) interact with each other
Justice: how private citizens understand the concept of right and wrong
When legal standards are aligned as closely as possible with our sense of
justice we are more likely to follow the rules
Rule of law: a legal system in which fundamental rights protect
individuals from abuses of power and arbitrary violations
Purpose: ensuring the safety of private citizens, make sure they are
treated equally and can live in freedom
2 tasks the government has in a state governed by the rule of law:
1. Law enforcement: the state must ensure that we obey the law –
safety against each other
2. Legal protection: laws protect us from abuses of power by the
government – safety against abuse of power
Monopoly of violence: the government has more power than we do and
also has the sole right to use force
Authoritarian state: one person in power effectively decide what the
rules are
, 2.2 Conditions for a state governed by the rule of law
A state governed by the rule of law must meet at least these 3 conditions:
1. Fundamental rights are laid down in the constitution
2. A separation of powers has been established
3. The principle of legality applies
Constitution: 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
Can be grouped into 2 categories:
1. Classic fundamental rights, f.e. the right to equal treatment, the
government must guarantee these rights and you can go to court to
insist that these rights are respected
2. Fundamental social rights, f.e. the right to work, health care and
housing, the government cannot guarantee these rights but it must
make an effort to ensure that they are provided (the government is
required to do its best to create enough jobs but an unemployed
person cannot go to court and demand a job)
Because of the trias politica no single person or body has absolute
political power
Legislative branch: makes the laws that citizens and the
government must follow. Held by the Parliament and the government
(presented by government, judged by parliament)
Executive branch: handles implementation of laws that have been
approved. Held by the government
Judicial branch: makes decisions in conflicts and assesses whether
someone has broken the law. Held by judges
‘fourth branch’: civil servants
‘fifth branch’: the media
System of checks and balances: each of the three branches is
accountable to the other two
Judges have a lifetime appointment
Principle of legality: the government is only allowed to restrict the
freedoms of citizens if those restrictions have already been laid down in
laws, no law no punishment
2.1 What is a state governed by the rule of law?
Rules and norms often arise from customs, traditions and beliefs
Legal standards: Rules of conduct that the government has laid down in
statutory laws and regulations
All these statutory rules together is referred to as ‘the law’
Public law governs the relationship between private citizens and public
authorities. Includes criminal law which determines what behaviour is
subject to punishment
Private law (civil law) regulates how private entities (people, companies
etc.) interact with each other
Justice: how private citizens understand the concept of right and wrong
When legal standards are aligned as closely as possible with our sense of
justice we are more likely to follow the rules
Rule of law: a legal system in which fundamental rights protect
individuals from abuses of power and arbitrary violations
Purpose: ensuring the safety of private citizens, make sure they are
treated equally and can live in freedom
2 tasks the government has in a state governed by the rule of law:
1. Law enforcement: the state must ensure that we obey the law –
safety against each other
2. Legal protection: laws protect us from abuses of power by the
government – safety against abuse of power
Monopoly of violence: the government has more power than we do and
also has the sole right to use force
Authoritarian state: one person in power effectively decide what the
rules are
, 2.2 Conditions for a state governed by the rule of law
A state governed by the rule of law must meet at least these 3 conditions:
1. Fundamental rights are laid down in the constitution
2. A separation of powers has been established
3. The principle of legality applies
Constitution: 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
Can be grouped into 2 categories:
1. Classic fundamental rights, f.e. the right to equal treatment, the
government must guarantee these rights and you can go to court to
insist that these rights are respected
2. Fundamental social rights, f.e. the right to work, health care and
housing, the government cannot guarantee these rights but it must
make an effort to ensure that they are provided (the government is
required to do its best to create enough jobs but an unemployed
person cannot go to court and demand a job)
Because of the trias politica no single person or body has absolute
political power
Legislative branch: makes the laws that citizens and the
government must follow. Held by the Parliament and the government
(presented by government, judged by parliament)
Executive branch: handles implementation of laws that have been
approved. Held by the government
Judicial branch: makes decisions in conflicts and assesses whether
someone has broken the law. Held by judges
‘fourth branch’: civil servants
‘fifth branch’: the media
System of checks and balances: each of the three branches is
accountable to the other two
Judges have a lifetime appointment
Principle of legality: the government is only allowed to restrict the
freedoms of citizens if those restrictions have already been laid down in
laws, no law no punishment
