Rule of law Flashcards by Denise Langendijk

What is the rule of law in Dutch?

De rechtsstaat

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Explain what the rule of law is?

A state under the rule of law is therefore a state in which citizens have basic rights and are protected against the power and arbitrary actions of government authorities. => a social contract between citizens and the government

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Which three forms the basis of the rule of law?

the trias politica, basic rights and the principle of legality

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The concept of the rule of law was made in the …. century when kings had ….

17th-18th, absolute power

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When was the American revolution and what was it’s quote?

1776 “no taxation without representation” (about voting rights)

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In a …. ….. kings are bound to respect the constitution.

constitutional monarchy

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… …. are rights so basic to freedom, personal development, welfare and protection of the individual and of groups, that they have been embedded in the constitution.

Fundamental rights

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What is the concept of the principle of legality?

Someone can only get punished for a crime if it was already set down at the time the crime was committed.

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In a dictatorship …

one person/party decides all rules

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After the 2nd WW which 2 groups were made?

Universal Declaration of Human Rights (UDHR)

European Convention of Human Rights (ECHR)

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What does the rule of law protect citizens from?

The government and other citizens

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What is the concept for, laws and regulations that provide for the welfare and well-being of citizens?

Social rule of law

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The rule of law makes society rather peaceful and there is a strong.. ….

social cohesion

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Society is characterised by … and …

trust and reciprocity (=mutuality)

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What is the monopoly on violence? (geweldmonopolie)

Only the state has the right to violence, as long as within the rules

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What did the NL become in 1806?

A constitutional monarchy

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1848: the NL has been governed under ? , the ministers are responsible of policy and not the monarch

ministerial responsibiltiy

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1848: census suffrage => ?

The males who paid taxes were allowed to vote

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What is the purpose of the constitution?

to set limits to the power of the state
to set down fundamental rights
to give a general indication of how the most important organs of state are organised
to express the unity of the state

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What is the order of the constitution?

Chapter 1 = traditional basic rights till 18
basic social rights articles 19-23
Chapters 2-7 = the important government bodies and administrative functions are regulated & how the trias politicas is organised
Chapter 8 = regulates the constitutional amendments

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What is the constitution in Dutch?

De grondwet

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What is the difference between traditional basic rights and basic social rights?

Social relates more to employment, social security/welfare, quality of life, public health and education

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How do horizontal and vertical rights work?

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Horizontal rights work from citizens to citizen, while vertical rights are between the government and the citizens

Why is there no order in the traditional basic rights?

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There are no objective criteria therefore. (people change their preferences)

Monarchy is ? in Dutch

koninkrijk

Who form the government?

the ministers and the king

How is the parliament chosen?

1st chamber: chosen indirectly, 18+ citizens vote for their provincial state elections, they chose the 1st chamber 2nd chamber: chosen directly by the citizens

How many seats does the parliament have?

225, 75 + 250

The NL in the 19th century is a nightwatchman state => ?

the government does as little for the citizens as possible, at max they have police and military --> this leads to a class struggle

What are the 4 freedoms?

- freedom of speech - freedom of worship - freedom from want (=armoede) - freedom from fear

The three powers?

1. legislative power (wetgevend) 2. executive power (uitvoerend) 3. judicial power (rechtvoerend)

Who are the 3 powers and what is their purpose?

1. parliament + government --> formulating and voting on law proposals 2. government --> executing the law 3. judge --> applying the law

Trias politica = ?

checks and balances

Good laws should be :

general, clear and feasible

Who are often called the fourth power?

Civil servants

Jurisprudence is when ...

a judge can support his rulings with other judges in similar cases

In a ? , members of parliament have their own tasks and responsibilities in respect of the ministers

dualist system

What are discretionary powers?

In some cases, a civil servant can take individual decisions on how to apply laws

Who checks who?

both judicial and legislative check executive. Executive is responsible for legislative

The ? means that a person's freedom can only be restricted if the reasons for the restriction have been clearly stated in laws and regulations passed by parliament.

principle of legality

Legal, social and moral rules are often mentioned in court cases, explain social and moral.

Social rules are not written down, they judge behaviour | Moral rules are given more weight than social ones

What is the private law?

It's always deals with horizontal relationships. About mutual rights and duties. - The law of persons, business law and property law

What is public law?

It's always about vertical relationships. About matters that are important to society. - the constitution, administrative and criminal law

Jurisprudence built up 1. the base ? (rechtbanken) 2. (gerechtshoven) 3. (hoge raad)

1. the base is made up of eleven district courts 2. next are four courts of appeal 3. last is the supreme court

What is legal certainty? (=rechtszekerheid)

citizens, in relationships to each other and the state, know what to expect

Laws need to be:

general public/understandable reasonable

1994 the Algemene Wet Bestuursrecht (AWB) was made to create order in the ?

jungle of laws

Private law is who vs who? | Public law is who vs who?

Pr. Plaintiff vs defendant | Pu. society vs suspect

Innocent until proven guilty=

presumption of innocence

The phases to the arrest are?

1. the arrest 2. the investigation under the supervision of a public prosecutor 3. the prosecution by the public prosecution service 4. the trial by one or more judges in a public hearing 5. a possible appeal to higher court 6. the implementation

What is the max for pre-trial detention?

110 days (3 days extra twice)

The public prosecutor makes the final decision on whether the case is going to court => ?

prosecution monopoly

After the hearing => ?

the public prosecutor makes his closing speech (requisitoir), then the defendant's council makes his plea (pleidooi), last is the defendant

Prisoners have right to ? after 2 3rd of their sentence. | Ex-prisoners have a right to rehabilitation support from the ? when they return to society.

release on parole | probation service

In which year did the constitution change?

1848

Rule of law Flashcards

(55 cards)