Understanding the Rule of Law

by Geert Corstens

Overview

The 'rule of law' is increasingly regarded as integral to liberal democracy, and its significance is frequently discussed by lawyers, academics, politicians and the media. But the meaning of the phrase is not always clear. What does 'the rule of law' mean exactly? And why is it so important to the democratic state and, above all, its citizens?

In Understanding the Rule of Law, former president of the Dutch Supreme Court Geert Corstens paints a lively and accessible portrait of the rule of law in practice. The focus is on the role of the courts, where the tensions in a democratic state governed by the rule of law are often discussed and resolved. Using landmark judgments, Geert Corstens explains what judges do and why their work is valuable. What do minimum sentences and prisoners' voting rights have to do with each other? Why is there no easy answer to the question of whether a paedophile organisation should be banned? Why is it no joke when the Italian politician Silvio Berlusconi calls the judiciary 'the cancer of democracy'? Understanding the Rule of Law provides the answers to these and many other questions, and is essential reading for anyone interested in the state of democracy today.

Product Details

ISBN-13:	9781509903634
Publisher:	Bloomsbury Academic
Publication date:	08/10/2017
Pages:	152
Product dimensions:	5.50(w) x 8.50(h) x 0.33(d)

About the Author

Geert Corstens is former President of the Supreme Court of The Netherlands.
With the assistance of Reindert Kuiper who is a Judge in the Court of Appeal in Amsterdam.
Updated for the English translation by John Murray who is former president of the Supreme Court of Ireland.

Table of Contents

Foreword vii

Acknowledgements xiii

Introduction xix

1 A Democratic State Governed by the Rule of Law: What Does This Mean? 1

I From Little Rock to Hungary 2

II The Vulnerability of the Rule of Law 4

III Democracy from Pericles to Hitler's Germany 6

IV The Rule of Law and the Maltreatment of Penguins 10

V The Separation of Powers: Montesquieu and Berlusconi 11

VI Protecting Human Rights 12

VII Balance between the Powers with Freedom of the Citizen as its Fundament 14

2 What is the Role of the Judiciary in a Democratic State Governed by the Rule of Law? 17

I Taking justice into One's Own Hands, Trial by Jury and an Independent Judiciary 17

II Settling Disputes and Imposing Penalties 23

III Organisation of the National and European Courts 24

IV Keeping the Debate on the European Court of Human Rights Transparent 29

V Access to the Courts: From Magna Carta to Apple v Samsung 30

3 The Relationship between the Judiciary and the Legislature 35

I Not Just There to Apply the Law 35

II The Democracy Principle and Judges' Personal Opinions 36

III Interpreting the Law? Napoleon's Distress 40

IV No Refusal to Adjudicate: Euthanasia and Legislators Who Drag their Feet 43

V Technological Advances, Virtual Theft and Flock Fibres 46

VI Social Developments: French Kissing, Repudiation and Wrongful Life 50

VII Interpreting New Legislation: Stalking and Peepshows 53

VIII And Then the Curious Case Concerning Peep Shows 54

IX No One Has the Last Word 55

4 The Judiciary's Relationship with the Constitution and International Law 57

I Ban on Constitutional Review: The Netherlands as Odd Man Out 57

II Effect of International Law: Lilian Janse, SGP Local Council Member 58

III Precedence of International Law: The Case of Charles F 62

IV Judicial Restraint: Legislator and Judge, each in their own Domain 64

V Conflict between Fundamental Rights: Thieves and Paedophiles 66

VI Undemocratic Political Parties: Tolerating the Intolerant? 68

5 The Relationship between the Judiciary and the Executive 71

I Review by the Courts: Florists and Voles 72

II Tort by the State: A Butter Merchant and Ayaan Hirsi Ali 73

III Protection under Administrative Law: Business Succession and a Berth on the Apeldoorn Canal 75

IV Review by the Criminal Courts: A Cannabis Farm 76

V Review by the Criminal Courts: The Pikmeer Lake 80

VI Shift towards the Executive: A Slippery Slope? 82

VII Judges Must be Brave 86

6 The Relationship between the Judiciary and Society 89

I The Courts are there for Citizens: Model Mandy and Turbo Investments 89

II The Judge as Craftsman: Strikes and Leaf Lettuce 92

III The Judiciary has no Political Programme: Kennedy and Obama 94

IV Judges Listen and Decide: Let both Sides be Heard 97

V The Judiciary and the Media: Twitter and Tweeting 98

VI Once Again: Judges Must be Brave 99

VII Judges Must Retain a Certain Distance: Court Fees and Attitude 102

VIII Image and Reality: West Wing and 'Soft' Judges 103

IX Criticism of the Judiciary: The Virtue of Moderation 105

7 Guaranteeing the Quality of Justice 107

I Lucia de Berk, the Drunken Judge and the Pugnacious Judge 108

II Selection, Training and Facilitating Good Work 109

III Open Courts: Kafka and 'Janet and John speak' 111

IV Is it Necessary to have more Transparency? 112

V Ordinary Legal Remedies: The Fire at Schiphol Airport 113

VI Retrial 114

VII Recusal: Biased Judges 115

VIII How Do We Get Rid of Bad Judges? 116

IX Complaining about Judges 117

8 Cherish the Rule of Law! 119

Index 121

Editorial Reviews

"Understanding the Rule of Law is an outstanding book for all who are interested in democracy in the state, justice and human rights." --European Review of Public Law

From the Publisher