Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Maatschappijleer v4 > Rule of law > Flashcards

Rule of law Flashcards

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
Q

Fundamental rights work horizontally when

A

they concern relationships between citizens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Fundamental rights work vertically when

A

they concern relationships between government and citizens

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Legislative power

A

first power, has the task of making, amending or abolishing general laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Executive power

A

second power, implementing laws in concrete cases, law enforcement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Judicial power

A

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
Q

Legislative power

A

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
Q

Executive power

A

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
Q

Judicial power

A

indépendant judges, appointed for life

33
Q

jurisprudence

A

sum of all the rulings by judges, judges use these notes to support
their cases

34
Q

jurisprudence

A

sum of all the rulings by judges, judges use these notes to support
their cases

35
Q

Balance of the three powers instead of separation

A

parliament elected by people, ministers monitored by parliament, parliament can make
laws on account of courts ruling, judges can criticise parliaments laws

36
Q

Dualist system

A

members of the parliament have their own tasks and responsibilities in respect of the ministers

37
Q

Principle of legality

A

that a persons freedom can only be restricted if the reasons for restriction have been clearly stated in laws and regulations

38
Q

Legal system / order

A

the whole body of legal rules and principles and the way the law is organised

39
Q

Legal rules

A

rules of behaviour drawn up by government and recorded in laws, what is legal/ illegal (dont murder)

40
Q

efficiency of legal rules

A

so that everyone is clear on what is agreed

moral awareness: reflect the shared moral values, agreement on what is right / wrong

41
Q

Social rules

A

judge behaviour on terms of consideration for others, not written down usually (dont go on your phone during class)

42
Q

Moral rules

A

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
Q

Private law

A

regulates relationships between citizens themselves

mutual rights and duties, horizontal relationships

44
Q

Public law

A

regulates relationships between citizens and government

45
Q

law of persons and family law

A

marriage, divorce, adoption, death, birth

46
Q

business law

A

setting up a company

47
Q

property law

A

regulates everything to do with someones assets

48
Q

constitutional law

A

how NL is governed

49
Q

administrative law

A

regulates administrative activities by the government (taxes, complaints, licenses, house buying)

50
Q

criminal law

A

all legal penalty provisions

51
Q

Presumption of innocence

A

innocent until the contrary is proven right to a lawyer (payed for or pro bono)

52
Q

Principle of legality

A

guarantee that nobody can be imprisoned without some sort of trial

53
Q

Criminal procedures

A

all the rules officers, judges, detectives and public prosecutors are bound by

54
Q

Criminal proceedings

A

The arrest, the investigation, the prosecution, the trial, a possible appeal to a higher court, the implementation of the sentence

55
Q

The arrest

A

Police can stop a suspect and ask or his particulars id there is a reasonable suspicion

56
Q

The investigation under supervision of a public prosecutor

A

police gathering info: interrogation

info sent to public prosecution service who from then on lead the investigation

57
Q

pre-trial detention

A

postponing of court case, 110 days max

58
Q

The prosecution by the public prosecution service

A

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
Q

The trial by one or more judges in a public hearing

A

charges, closing speech, plea

60
Q

A possible appeal to a higher court

A

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
Q

The implementation of the sentence

A

prison sentence carried out by executive power, release on parole, probation service

62
Q

Double jeopardy rule

A

never be prosecuted twice for the same crime even when new facts are come to light

63
Q

Criminal code

A

general provisions, crimes, minor offenses

64
Q

Substantive criminal law

A

the substance of all penalty provisions

65
Q

Judges are not allowed to…

A

exceed the maximum sentence

66
Q

Civil law

A

where there is legal dispute between two citizens

between the claimant and the defendant

67
Q

Administrative law

A

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
Q

Proceedings of a civil case

A

Case starts with a summons served by the claimant

name, claim motivation, details of hearing

69
Q

Small cases no lawyer needed…

A

big cases procurator needed

70
Q

The sentence

A

judge rules which is in the right

71
Q

attachment of earning

A

seize part of monthly income until compensation is paid, sell
valuable goods

72
Q

Decision to object against government

A

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.
© 2024 Bold Learning Solutions. Terms and Conditions