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Security and the Rule of Law

Vak
2012-2013

Security and the Rule of Law

Description

Security without the rule of law puts democratically ruled states at risk. This because social control, including the legitimate monopoly over the use of force, requires proper checks and balances. Yet what constitutes the legal framework for governing security? What are the different roles and responsibilities of institutions that enforce the law, provide for security, ensure safety or tackle crisis in a democratic society? And, have (inter)national approaches to security governance changed over the last decade? Practises such as targeted governance, anticipatory justice and risk management increasingly affecting how state accountability and human rights compliance is ensured? This course introduces the students to the rule of law framework for crisis and security management. From a political and legal-sociological perspective it addresses how political and legal institutions should govern security, guarantee safety or handle crisis, while protecting the rule of law in a democratic society. As an introduction, the students learn about basic concepts and theory used in mainstream legal and security governance literature. Such lines of thought are then expanded to cover the functioning of the rule of law in the field of security and crisis management. Key theoretical topics include the concept of law and legal systems, the organization of law, law making, social control and dispute resolution. Students apply the acquired theoretical knowledge to case studies about security governance dilemmas including the distinct roles of law enforcement – and intelligence agencies, incident- and risk management, the development of the information government (i-goverment) versus the surveillance society and the impact of security measures on minority communities.

Course objectives

The main goals of the course are:

  • To provide students with theoretical and empirical insights in the rule of law framework for security governance and crisis management.

  • To raise students awareness about normative dimensions of crisis management and security governance.

  • To develop the analytical, presentation and writing skills of students.

Timetable

Di 4-9-2012 10:00 13:00 CDH-SCHOUW A2.02
D0 13-9-2012 14:00 16:00 CDH-SCHOUW A0.01
Di 25-9-2012 10:00 13:00 CDH-SCHOUW A0.01
Di 2-10-2012 10:00 13:00 CDH-SCHOUW A0.01
Do 11 -10-2012 16:00 19:00 CDH-SCHOUW A2.02
Di 16-10-201210:00 13:00 CDH-SCHOUW A0.01
Di 18-9-2012 10:00 13:00 CDH-SH K.VOORHOUT

*EXAM
Di 23-10-2012 10.00-13.00 CDH-Stichthage room Archipel and Buitenhof

*Re-exam
Di 18-12-2012 10:00-13:00 CDH-Stichthage room Archipel.

Mode of instruction

The sessions are dedicated to lectures and discussion.

Assessment method

  • Students are expected to participate actively in class discussions and prepare an assignment for a Moot Court.

  • Quality of participation during classes and Moot Court Assignment. Equals 30% of total grade.

  • Written exam. Equals 70% of total grade.

Literature

To be announced

Blackboard

Instructor uses Blackboard. Blackboard is indispensable for this course.

Registration

Via USIS

Contact information

Mr.dr. Quirine Eijkman
q.a.m.eijkman@cdh.leidenuniv.nl