The Rule of Law
See p.8
Laws of kings/tyrans (=naked power) society where laws govern the way we
live
Basic requirements
1. Law must be set out in advance
2. Made public
3. Be general
4. Clear
5. Stable
6. Certain
7. Applied to everyone according to its terms
Absence of these characteristics Rule of Law cannot be satisfied
This system began to put the following securities in place for the government to
rule + for ordinary people to live their lives in safety (ensure safety)
1st prerequisite:
It should ensure that the relations between citizens themselves are regulated by
laws – not by intimidation or brute force
People protected from each other
2st prerequisite:
For the government to rule effectively, but under the control of laws
Ensures the government’s right to rule
Ensures that it can pass laws and call on the arms of state (police + military)
to pursue its aims under conditions
3st prerequisite:
For the relations between gov + people to be regulated ensuring a check on its
power + its institutions like the police
Protects citizens from authorities
Ensures that gov doesn’t become tyrannical or arbitrary in its use of power
over its citizens (/other nations)
Prerequisite = defining rule / precondition
See p. 9 + 10
The legal system is kept separate from the political system – helps ensure that
judges + courts are answerable to written laws (not authorities/ politicians)
History of the Rule of Law
Ancient Greece
One of the earliest examples of the emergence of a Rule of Law system
First example of political system where the powers that make laws (legislature)
are separated from the powers that carry out + enforce the laws (executive) or
judge on transgressions of the laws (judicial)
Laws, like laws of Solon, seen were seen as basic principles of Greek society +
the democratic city- state Athens
, Active process of citizen participation: all citizens could be called upon to do jury
duty or act as magistrates judges/ magistrates could themselves be charged +
held accountable by citizens
Only later do lawyers + legal experts take over the legal system work
Difference with modern system: treated different kinds of people differently –
male different than women, children and slaves
Ancient Rome
The legacy of the Roman Empire was positive + negative
Positive: famous for having codified laws – its laws were written down during
some periods
Negative: Rome became an autocratic (absolute ruler) system under its
emperors
Lex Regia: legal code that gave a form of permission/right/justification to rule for
emperors = legitimacy
Don’t have advanced law in terms of fairness/equality
Historical importance: in the MA, the Lex Regia was a legal code referred to in
later developments of the Rule of Law by both democrats + supporters of
absolute rule
Emperor Justinian oversaw the codification of all Roman laws into 1 consistent +
comprehensive body of laws = the Justinian code
First introduced into the Western Empire via Italy later spread to other parts
of western + eastern Europe
Is still the basis of legal code of many modern states
The age of absolutism
The last era in which the legal system is based on birth + privilege hereafter the
rise of constitutional systems + the Rule of Law begins + laws based on social
contract
See 12
Constitutional development in NL
See 13
The implantation of a fully-developed Rule of Law system in NL came in the 20 th
century – came about with the implementation of new laws to ensure rights to a
minimum standard + quality of life
See 14
Philosophical aspects of the Rule of Law
Philosophy of the Rule of Law help explain the emergence of this system
1. Identity based on higher social + cultural ideals (higher values)
Possible after end of national identity based on language + history (see 16)
2. Education
Growth of knowledge + rise of revolutionary movements in EU people became
more educated raised their life prospects, demands and expectations
pressing for fairer + more equal rules (see 17)
3. Expansion trade + business
See p.8
Laws of kings/tyrans (=naked power) society where laws govern the way we
live
Basic requirements
1. Law must be set out in advance
2. Made public
3. Be general
4. Clear
5. Stable
6. Certain
7. Applied to everyone according to its terms
Absence of these characteristics Rule of Law cannot be satisfied
This system began to put the following securities in place for the government to
rule + for ordinary people to live their lives in safety (ensure safety)
1st prerequisite:
It should ensure that the relations between citizens themselves are regulated by
laws – not by intimidation or brute force
People protected from each other
2st prerequisite:
For the government to rule effectively, but under the control of laws
Ensures the government’s right to rule
Ensures that it can pass laws and call on the arms of state (police + military)
to pursue its aims under conditions
3st prerequisite:
For the relations between gov + people to be regulated ensuring a check on its
power + its institutions like the police
Protects citizens from authorities
Ensures that gov doesn’t become tyrannical or arbitrary in its use of power
over its citizens (/other nations)
Prerequisite = defining rule / precondition
See p. 9 + 10
The legal system is kept separate from the political system – helps ensure that
judges + courts are answerable to written laws (not authorities/ politicians)
History of the Rule of Law
Ancient Greece
One of the earliest examples of the emergence of a Rule of Law system
First example of political system where the powers that make laws (legislature)
are separated from the powers that carry out + enforce the laws (executive) or
judge on transgressions of the laws (judicial)
Laws, like laws of Solon, seen were seen as basic principles of Greek society +
the democratic city- state Athens
, Active process of citizen participation: all citizens could be called upon to do jury
duty or act as magistrates judges/ magistrates could themselves be charged +
held accountable by citizens
Only later do lawyers + legal experts take over the legal system work
Difference with modern system: treated different kinds of people differently –
male different than women, children and slaves
Ancient Rome
The legacy of the Roman Empire was positive + negative
Positive: famous for having codified laws – its laws were written down during
some periods
Negative: Rome became an autocratic (absolute ruler) system under its
emperors
Lex Regia: legal code that gave a form of permission/right/justification to rule for
emperors = legitimacy
Don’t have advanced law in terms of fairness/equality
Historical importance: in the MA, the Lex Regia was a legal code referred to in
later developments of the Rule of Law by both democrats + supporters of
absolute rule
Emperor Justinian oversaw the codification of all Roman laws into 1 consistent +
comprehensive body of laws = the Justinian code
First introduced into the Western Empire via Italy later spread to other parts
of western + eastern Europe
Is still the basis of legal code of many modern states
The age of absolutism
The last era in which the legal system is based on birth + privilege hereafter the
rise of constitutional systems + the Rule of Law begins + laws based on social
contract
See 12
Constitutional development in NL
See 13
The implantation of a fully-developed Rule of Law system in NL came in the 20 th
century – came about with the implementation of new laws to ensure rights to a
minimum standard + quality of life
See 14
Philosophical aspects of the Rule of Law
Philosophy of the Rule of Law help explain the emergence of this system
1. Identity based on higher social + cultural ideals (higher values)
Possible after end of national identity based on language + history (see 16)
2. Education
Growth of knowledge + rise of revolutionary movements in EU people became
more educated raised their life prospects, demands and expectations
pressing for fairer + more equal rules (see 17)
3. Expansion trade + business
