Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Maatschappijleer v4 > Rule of law > Flashcards

Rule of law Flashcards

(72 cards)

Start Studying
1
Q

What is a State under the rule of law?

A

A state in which citizens have basic rights and are protected against the power of government officials.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the rule of law?

A

a social contract

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the basis of the rule of law? Name 3

A

Trias politica, basic rights, principle of legality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does it mean when someone has absolute power?

A

Only one person has this power.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is Trias Politica?

A

The separation of powers/ three powers to keep each other in balance.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What powers are there in the trias politica?

A

Parliament (elected by the people), Kings and Ministers, independent judiciary (To counterbalance above powers).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What are fundamental rights?

A

Rights that are basic to freedom, personal development, welfare and protection of the individual and of groups that are embedded in the constitution.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What does it mean when a country has a constitutional monarchy?

A

That kings have to respect the constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Principal of legality

A

the government is only allowed to restrict the liberty of citizens if those restrictions have already been set down in laws and apply to everyone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Dictatorship

A

one ruler or one party decides what the rules should be

no freedom of speech, press or citizens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

injustice

A

getting unjust treatment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Absolute limit

A

what is legally permissible in situations, events, decisions and actions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Liberty

A

the power to do what one pleases, free within a society

Rule of law: equality, liberty, freedom of speech, freedom

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Constitutional monarchy

A

system of government in which a monarch (see monarchy) shares power with a constitutionally organised government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

When did the Netherlands become a constitutional monarchy?

A

1848

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Ministerial responsibility

A

ministers are responsible for policy and not the monarch

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

The constitution

A

a set of rights that (almost) everyone can agree on

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Purpose of the constitution

A
  • To set limits to the power of the state, thereby guaranteeing freedom to citizens
  • To set down fundamental rights of citizens
  • To give a general indication of how the important organs of the state are organised
    (monarch, ministers, parliament, judiciary power)
  • To express unity of the state and to declare that the citizens want to be part of one
    unified state
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Traditional basic rights

A

religion, equality, rights to freedom

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Basic social rights

A

employment and free choice of work
social security and welfare
quality of life and environment
Public health and living accommodation Education

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Difference basic and social rights

A

government has to take active measures to ensure social rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Constitutional amendments

A

changes made in constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Constitution (translation)

A

Grondwet

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Horizontal relationships

A

questioning of conflicting fundamental rights of citizens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Fundamental rights work horizontally when
they concern relationships between citizens
26
Fundamental rights work vertically when
they concern relationships between government and citizens
27
Legislative power
first power, has the task of making, amending or abolishing general laws
28
Executive power
second power, implementing laws in concrete cases, law enforcement
29
Judicial power
third power, pass judgment on laws and on all conflicts that could be solved by rules of law completely independent when passing judgment to prevent corruption/favouritism
30
Legislative power
the parliament, elected by people so they have an indirect influence on laws divided into different chambers so that proposes are studied from all angles (2nd and 1st chamber NL) Good laws: general, clear, feasible
31
Executive power
ministers, ensure that laws are implemented properly, also have the right to draw up new laws dutch government: a bit of a combi exec. legisl.
32
Judicial power
indépendant judges, appointed for life
33
jurisprudence
sum of all the rulings by judges, judges use these notes to support their cases
34
jurisprudence
sum of all the rulings by judges, judges use these notes to support their cases
35
Balance of the three powers instead of separation
parliament elected by people, ministers monitored by parliament, parliament can make laws on account of courts ruling, judges can criticise parliaments laws
36
Dualist system
members of the parliament have their own tasks and responsibilities in respect of the ministers
37
Principle of legality
that a persons freedom can only be restricted if the reasons for restriction have been clearly stated in laws and regulations
38
Legal system / order
the whole body of legal rules and principles and the way the law is organised
39
Legal rules
rules of behaviour drawn up by government and recorded in laws, what is legal/ illegal (dont murder)
40
efficiency of legal rules
so that everyone is clear on what is agreed | moral awareness: reflect the shared moral values, agreement on what is right / wrong
41
Social rules
judge behaviour on terms of consideration for others, not written down usually (dont go on your phone during class)
42
Moral rules
behaviour judged in terms of good and bad (help friends in need) The three sorts of rules can conflict with each other: for ex. Rosa Parks the three sorts of rules change over time due to change in moral standards and norms in society
43
Private law
regulates relationships between citizens themselves | mutual rights and duties, horizontal relationships
44
Public law
regulates relationships between citizens and government
45
law of persons and family law
marriage, divorce, adoption, death, birth
46
business law
setting up a company
47
property law
regulates everything to do with someones assets
48
constitutional law
how NL is governed
49
administrative law
regulates administrative activities by the government (taxes, complaints, licenses, house buying)
50
criminal law
all legal penalty provisions
51
Presumption of innocence
innocent until the contrary is proven right to a lawyer (payed for or pro bono)
52
Principle of legality
guarantee that nobody can be imprisoned without some sort of trial
53
Criminal procedures
all the rules officers, judges, detectives and public prosecutors are bound by
54
Criminal proceedings
The arrest, the investigation, the prosecution, the trial, a possible appeal to a higher court, the implementation of the sentence
55
The arrest
Police can stop a suspect and ask or his particulars id there is a reasonable suspicion
56
The investigation under supervision of a public prosecutor
police gathering info: interrogation | info sent to public prosecution service who from then on lead the investigation
57
pre-trial detention
postponing of court case, 110 days max
58
The prosecution by the public prosecution service
prosecution monopoly: public prosecutor makes final decision to bring case to court settlement: agreeing to a fine or community service order instead of trial
59
The trial by one or more judges in a public hearing
charges, closing speech, plea
60
A possible appeal to a higher court
ither side can appeal to the Court of Appeal, case tried all over again last chance: make appeal to Supreme Court , only checks the application of law
61
The implementation of the sentence
prison sentence carried out by executive power, release on parole, probation service
62
Double jeopardy rule
never be prosecuted twice for the same crime even when new facts are come to light
63
Criminal code
general provisions, crimes, minor offenses
64
Substantive criminal law
the substance of all penalty provisions
65
Judges are not allowed to...
exceed the maximum sentence
66
Civil law
where there is legal dispute between two citizens | between the claimant and the defendant
67
Administrative law
when citizens have a dispute with the government Criminal law is vertical, civil law is horizontal judge only weighs up evidence, does not look himself
68
Proceedings of a civil case
Case starts with a summons served by the claimant | name, claim motivation, details of hearing
69
Small cases no lawyer needed...
big cases procurator needed
70
The sentence
judge rules which is in the right
71
attachment of earning
seize part of monthly income until compensation is paid, sell valuable goods
72
Decision to object against government
ppeal to judge then after that the Supreme Court Areas administrative law plays a particular role

Maatschappijleer v4 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions