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Programme lesson 8

Introduction and looking back at previous lesson.


Questions about chapter 1 The concept and origin of the rule of law
(page 28 31).
Looking at the learning goals.
Case: Why is Julio Csar Lpez Patolzin still missing?
Picture: Identifying fundamental rights.
Looking if you meet the learning goals.

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Chapter 1 The concept and origin
of the rule of law
(rechtsstaat)
(page 28 -31)

http://www.bbc.com/news/world-latin-america-34365142

https://www.youtube.com/watch?v=IZDd2v18vfw
https://www.youtube.com/watch?v=NW8qr5aPRdk

Who has a question about the home work, chapter 1?

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Learning goals (page 28-31)
You can describe what the three principles of the rule of law (rechtsstaat)
mean (Trias Politica, fundamental rights, legality principle) and you can
evaluate if in a specific situation those principles are applied or not;
You can describe what is meant with the social contract;
You can describe what the UDHR and the ECHR are about and can mention
the differences between the two treaties;
You can describe the importance of the rule of law and what is meant with
the balance between legal protection (rechtsbescherming) and
maintenance of law and order (rechtshandhaving);

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Without the rule of law life is about:
continual fear and danger of violent death; and the life of
man, solitary, poor, nasty, brutish, and short (Thomas Hobbes,
1588 1679)

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Case: Why is Julio Csar Lpez Patolzin still missing?
On September 26, 2014, 43 Mexican students were abducted by the police and
never seen again. Julio is one of them. Why is Julio still missing and what can his
friends and family do to find him back? Work in groups of max. 4 for 20 minutes

Answer the question and include in your answer:


a. an evaluation whether or not the principles of the rule law are met in Mexico;
b. whether or not the fact that the Mexican government has signed the Universal
Declaration of Human Rights is helpful for Julios family and friends;
c. an evaluation of the balance between legal protection and maintenance of law
and order in Mexico.
https://www.nytimes.com/2016/04/25/world/americas/missing-mexican-students-suffered-a-night-of-terror-investigators-say.html

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Picture: Identifying fundamental rights.

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Do you meet the learning goals? (page 28-31)
You can describe what the three principles of the rule of law (rechtsstaat)
mean (Trias Politica, fundamental rights, legality principle) and you can
evaluate if in a specific situation those principles are applied or not;
You can describe what is meant with the social contract;
You can describe what the UDHR and the ECHR are about and can mention
the differences between the two treaties;
You can describe the importance of the rule of law and what is meant with
the balance between legal protection (rechtsbescherming) and
maintenance of law and order (rechtshandhaving);

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Rule of law (page 29)
A state under the rule of law is a state in which the citizens
have basic rights and are protected against the power and
arbitrary actions of government authorities

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Social contract (page 29)

Citizens pay taxes and obey the law in exchange


for protection by the government (maintaining law and
order, protection against foreign enemies, organisation of education,
health care and so on)

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1.2 The three principles of the rule of law
Trias Politica (separation of powers & checks
and balances)
Fundamental rights (grondrechten) of citizens
The legality principle (also the government must
obey the law)

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The need to seek a balance.*
Legal protection (rechtsbescherming):
citizens are protected against abuse of power from the government

Maintenance of law and order (rechtshandhaving): citizens are


protected by the government

(* Extra information, not mentioned in the course book)

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1.3 Human rights: UDHR & ECHR (page 30)
ECHR is binding for EU member states and sanctions will be
implemented if the ECHR is violated.

The UDHR has no mechanism to implement sanctions to


states who dont uphold the UDHR.

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Importance of rule of law
The moral standards of the rule of law constitute a
minimum bond that citizens and groups share with
each other*, and provides protection against abuse of
power by the government.

*We can have a pluralist society and lots of cultural


differences within those borders...
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