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Stefan HasenootT4b
- The concept and origin of the rule of law
A state under the rule of law is a state in which citizens have basic rights and rare protected against the power and arbitrary actions of government authorities.Everyone is bound to these laws, even members of parliament, ministers, mayors, etc.The rule of law is therefore a social contract between citizens and the government.
The trias politica, basic rights and the principle of legality together form the rule of law.The fundamental concept was formed during the 17th and 18th centuries, when kings had absolute power and governed as they pleased.
In the Netherlands we used to have a constitutional monarchy, in which kings were bound to respect the constitution.Fundamental rights are rights that are so basic to the freedom, personal development, welfare and protection of the individual and of groups, that they have been embedded in the constitution.
According to the principle of legality 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.
Administrators of the law are:
●Bound by laws; ●Cannot impose excessive punishments without the intervention of an independent judge; ●Obligated to take the statutory rights of minorities into account.With these principles, a state under the rule of law directly opposes a dictatorship.
The rule of law sets the absolute limit of what is legally permissible in situations, events, decisions and actions.
- The constitutional and fundamental rights
Ministerial responsibility means that the ministers are responsible for policy and not the monarch.At first only males who paid direct taxes were allowed to vote. This is also known as census suffrage.
The purpose of a constitution is:
●To set limits to the power of the state (thereby guaranteeing the freedom of its citizens); ●To set down the fundamental rights of citizens; ●To give a general indication of how the most important organs of state are organised; ●To express the unity of the state and to declare that the citizens, in spite of all their differences, want to be part of one unified state and to remain so.
The traditional basic rights contain:
●Principle of equality; ●Political rights; ●Rights to freedom; ●Personal and legal protection.These are in random order, since none of these are given any precedence over another.If a citizen feels that one of his basic rights have been violated, he can go to court.The state that the government has a duty to see to the welfare of its citizens with regard to: ●Employment and free choice of work ●Social security and welfare ●Quality of life and the environment
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