Rule of Law

Rule of Law: Suggested Study Questions and Activities

Suggested Study Questions and Activities

Notes for Teachers

The following are suggested questions and activities that can be given to your students after they read the materials of each section. The questions are meant to be asked as a review exercise, but also as critical thinking exercises. The activities, which may require additional research, can be presented as classroom exercises or as individual assignments for essays or class presentations (see also Resources for suggested research materials). Some activities call for students to have debates that would engage the entire class but all of the questions and activities can be used in this way. These are only suggested questions and activities. Teachers should rewrite or develop their own as they feel necessary.

Essential Principles

Study Questions

Question

What did John Adams mean when he argued that the principle of self-governance required “a government of laws, not of men”? How is this related to the assertion by Thomas Paine that “as in absolute governments the King is law, so in free countries the law ought to be King and there ought to be no other."

Question

What does the experience of the Crimean Tatars show about when rule of law is absent? What happens when there are no constraints on the decisions of political leaders? What are other examples of lawlessness?

Question

Why is the rule of law essential to democracy? Are different aspects of rule of law (as defined by Rachel Kleinfeld) more important than others? Or are they equally important? What other aspects are needed?

Question

What leads to the breakdown of rule of law? What examples are there of the breakdown of the rule of law in democracies? In dictatorships?

Question

What did early traditions (from the Code of Hammurabi in the realm of Babylon to the Code of Euric in German lands) contribute to the development of principles of the rule of law? What traditions in Anglo-Saxon practice contributed to their development? What was the basis of Enlightenment principles of the Rule of Law.

Question

Why is Habeus Corpus an essential principle of the rule of law in Anglo-Saxon tradition? How has it been used in pursuit of justice? What principles of the rule of law applied in the case of Somerset v. Stewart.

Question

How did rule of law in the United States break down? How did it ultimately overcome the essential contradictions in its rule of law, such as the practice of slavery and segregation? Has the US fully succeeded in overcoming its rule of law contradictions? (This may also serve as a Study Topic for discussion and assignment. See articles in Resources.)

Question

What do the recent examples of former presidents Richard Nixon and Donald Trump indicate about the functioning of the rule of law in the United States?

Question

How has international law established principles of the rule of law? What impact did such conventions as the Universal Declaration of Human Rights and the Helsinki Final Act have in achieving rule of law principles?

Activities and Study Topics

Activity

Identify examples of democracies among the Country Studies or in Freedom House’s Freedom in the World survey where the rule of law broke down but has been reestablished through social and political movements (examples are Chile, Germany, Philippines or Poland). Using the list of important aspects of rule of law defined by Rachel Kleinfeld, have a class discussion or assign a paper where students identify examples of how rule of law principles were re-established in these countries.

Activity

Using similar examples, have students discuss the question: should the rule of law be defined by its ends or its means?

Activity

View one of the Recommended Films in Resources to discuss elements of the rule of law such as due process, trial by jury and equality before the law. Within the framework of rule of law, what leads to justice and injustice? How is justice achieved? How does rule of law break down?

Activity

Assign a paper to compare and contrast the Rule of Law sections in Germany, Singapore and Saudi Arabia (or just Germany and Saudi Arabia). What are the foundations for rule of law in these countries? How do they reflect rule of law in democracies and dictatorships generally?

Germany

Study Questions

Question

What characterized Weimar Germany as a democracy? How did rule of law break down in 1933 Germany?

Question

After the Nazi tyranny, how was rule of law re-established in West Germany? Why did East Germany not re-establish rule of law principles?

Question

What were the principles of West Germany’s democracy and East Germany’s communist dictatorship?

Question

Which principles were adopted after reunification? Why?

Question

How has Germany continued to be reminded of the Nazi past? What do these reminders show about principles of rule of law?

Activities and Study Topics

Activity

The Weimar Republic was the first fully democratic regime of a unified Germany, but it is known in history as a failed state. Assign The New York Times article “How Democracy Produced a Monster” and other links listed in Resources for historical background. Have students answer the questions (in class discussion or in an assigned paper): What characteristics of the rule of law existed in the Weimar Republic? How did the constitution enable the Nazis' rise to power? Can democracy easily turn into dictatorship? What factors are necessary for this to happen? (Note to teachers: as possible, one may encourage class discussion or a paper to address a comparative study of the current situation in the United States.)

Activity

Find another example in the Country Studies of cases where democratic elections resulted in dictatorship or semi-dictatorial conditions (e.g., Turkey, Venezuela). How is this case similar or different than the example of Weimar Germany?

Activity

View The Trial at Nuremberg (see Resources) to discuss the precedent-setting international tribunal holding to account individuals who had committed crimes against humanity and war crimes. How were aspects of rule of law used in this setting (such as due process, rules of evidence and equality before the law). Within such a framework of rule of law, pose the question: Was justice achieved?

Singapore

Study Questions

Question

What were the similarities and differences between the paths to independence taken by Malaysia and Singapore? How do the two countries compare?

Question

What characteristics of the rule of law described by Rachel Kleinfeld are observed in Singapore? Which are not?

Question

How does the practice of rule of law in Singapore maintain the authoritarian dominance of the Peoples’ Action Party (PAP)?

Activities and Study Topics

Activity

Generally, democracy and economic freedom have coincided (see Free Economy) but recently there has arisen a political model of economically successful authoritarianism. Singapore is an example. Its long-time leader, Lee Kwan Yeu, argued that democracy is incompatible with Asian values and used Singapore as an example of the success of economic freedom and authoritarianism. Assign a paper or class debate: Does economic success justify authoritarianism?

Activity

Singapore was once part of Malaysia before becoming an independent city-state. See the Country Section on Malaysia in Multiparty Systems and compare with Singapore. Identify the common patterns of governance in both countries and also differences that might affect their future democratic development. Look at political developments in each country and select which country is likely to improve its freedom ranking to free. Explain the reasons for your conclusion.

Saudi Arabia

Study Questions

Question

What is the relationship between the rule of law and Wahhabism? Is there an independent judiciary? Who controls the courts in Saudi Arabia?

Question

Do any elements of rule of law as defined by Rachel Kleinfeld (see Essential Principles) exist in Saudi Arabia?

Question

What distinguishes Saudi Arabia from Iran? Is Saudi Arabia a theocracy? Compare the two countries. Which country is more likely to see democratic changes? Why?

Question

What characterizes the rule of Crown Prince Muhammed bin Salman, who has been delegated full governance authority by King Salman? Has rule of law improved, declined or stayed the same in Saudi Arabia since his coming to power in 2017?

Activities and Study Topics

Activity

Review the last column of Jamal Khashoggi in The Washington Post and the interview in The Economist several months before his murder. Assign a study paper or discuss in class what Khashoggi considers most important to promote change in Saudi Arabia and other Arab dictatorships?

Activity

Review recent cases of suppression of freedom of expression. What do these cases indicate as to the possibilities for reform in Saudi Arabia?

Activity

How does Saudi Arabia compare to partly free countries (like Singapore) and free countries (like Germany). Why is it characterized as Not Free by comparison with Singapore?

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