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Maatschappijleer > Rule of law > Flashcards

Rule of law Flashcards

1
Q

What is the rule of law in Dutch?

A

De rechtsstaat

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2
Q

Explain what the rule of law is?

A

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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3
Q

Which three forms the basis of the rule of law?

A

the trias politica, basic rights and the principle of legality

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4
Q

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

A

17th-18th, absolute power

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5
Q

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

A

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

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6
Q

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

A

constitutional monarchy

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7
Q

… …. 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.

A

Fundamental rights

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8
Q

What is the concept of the principle of legality?

A

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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9
Q

In a dictatorship …

A

one person/party decides all rules

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10
Q

After the 2nd WW which 2 groups were made?

A

Universal Declaration of Human Rights (UDHR)

European Convention of Human Rights (ECHR)

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11
Q

What does the rule of law protect citizens from?

A

The government and other citizens

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12
Q

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

A

Social rule of law

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13
Q

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

A

social cohesion

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14
Q

Society is characterised by … and …

A

trust and reciprocity (=mutuality)

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15
Q

What is the monopoly on violence? (geweldmonopolie)

A

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

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16
Q

What did the NL become in 1806?

A

A constitutional monarchy

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17
Q

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

A

ministerial responsibiltiy

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18
Q

1848: census suffrage => ?

A

The males who paid taxes were allowed to vote

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19
Q

What is the purpose of the constitution?

A
  • 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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20
Q

What is the order of the constitution?

A

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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21
Q

What is the constitution in Dutch?

A

De grondwet

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22
Q

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

A

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

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23
Q

How do horizontal and vertical rights work?

A

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

24
Q

Why is there no order in the traditional basic rights?

A

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

25
Q

Monarchy is ? in Dutch

A

koninkrijk

26
Q

Who form the government?

A

the ministers and the king

27
Q

How is the parliament chosen?

A

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

28
Q

How many seats does the parliament have?

A

225, 75 + 250

29
Q

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

A

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

30
Q

What are the 4 freedoms?

A
  • freedom of speech
  • freedom of worship
  • freedom from want (=armoede)
  • freedom from fear
31
Q

The three powers?

A
  1. legislative power (wetgevend)
  2. executive power (uitvoerend)
  3. judicial power (rechtvoerend)
32
Q

Who are the 3 powers and what is their purpose?

A
  1. parliament + government –> formulating and voting on law proposals
  2. government –> executing the law
  3. judge –> applying the law
33
Q

Trias politica = ?

A

checks and balances

34
Q

Good laws should be :

A

general, clear and feasible

35
Q

Who are often called the fourth power?

A

Civil servants

36
Q

Jurisprudence is when …

A

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

37
Q

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

A

dualist system

38
Q

What are discretionary powers?

A

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

39
Q

Who checks who?

A

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

40
Q

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.

A

principle of legality

41
Q

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

A

Social rules are not written down, they judge behaviour

Moral rules are given more weight than social ones

42
Q

What is the private law?

A

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

43
Q

What is public law?

A

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

44
Q

Jurisprudence built up

  1. the base ? (rechtbanken)
  2. (gerechtshoven)
  3. (hoge raad)
A
  1. the base is made up of eleven district courts
  2. next are four courts of appeal
  3. last is the supreme court
45
Q

What is legal certainty? (=rechtszekerheid)

A

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

46
Q

Laws need to be:

A

general
public/understandable
reasonable

47
Q

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

A

jungle of laws

48
Q

Private law is who vs who?

Public law is who vs who?

A

Pr. Plaintiff vs defendant

Pu. society vs suspect

49
Q

Innocent until proven guilty=

A

presumption of innocence

50
Q

The phases to the arrest are?

A
  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
51
Q

What is the max for pre-trial detention?

A

110 days (3 days extra twice)

52
Q

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

A

prosecution monopoly

53
Q

After the hearing => ?

A

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

54
Q

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.

A

release on parole

probation service

55
Q

In which year did the constitution change?

A

1848

Maatschappijleer (4 decks)

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