Constitution of the Netherlands
 | This article needs additional citations for verification. (May 2019) |
| Constitution of the Kingdom of the Netherlands of 24 August 1815 | ||
|---|---|---|
| Overview | ||
| Original title | (in Dutch) Grondwet voor het Koninkrijk der Nederlanden van 24 augustus 1815 | |
| Jurisdiction |  Executive Prime Minister-led Council of Ministers responsible to the House of Representatives | |
| Federalism | Unitary | |
| Electoral college | No | |
| Last amended | 22 February 2023 | |
| Supersedes | Grondwet van den Staat der Verëenigde Nederlanden (1814) | |
| Part of the Politics series |
![Azure, billetty Or a lion with a coronet Or armed and langued Gules holding in his dexter paw a sword Argent hilted Or and in the sinister paw seven arrows Argent pointed and bound together Or. [The seven arrows stand for the seven provinces of the Union of Utrecht.] The shield is crowned with the (Dutch) royal crown and supported by two lions Or armed and langued gules. They stand on a scroll Azure with the text (Or) "Je Maintiendrai" (French for "I will maintain".)](/File:State_coat_of_arms_of_the_Netherlands.svg) |
|---|
 Politics portal |
The Constitution of the Kingdom of the Netherlands of 24 August 1815 (Dutch: Grondwet voor het Koninkrijk der Nederlanden van 24 augustus 1815) is one of two fundamental documents governing the Kingdom of the Netherlands[1] as well as the fundamental law of the Netherlands proper (the territory of the Kingdom mainly situated in Europe). The Kingdom of the Netherlands also includes Aruba, Curaçao and Sint Maarten: there is an overarching instrument of the entire kingdom that has constitution characteristics: the Charter for the Kingdom of the Netherlands. Sint Maarten is the only country in the Kingdom of the Netherlands that has a constitutional court to govern the Sint Maarten legislature.
The constitution of the Netherlands is only applicable to the Netherlands proper, i.e. the territory in Europe and its
The text is sober, devoid of legal or political doctrine and includes a bill of rights. It prohibits the judiciary from testing laws and treaties against the constitution, as this is considered a prerogative of the legislature. There is no constitutional court in the Netherlands.
History
|
The first constitution of the Netherlands as a whole, in the sense of a fundamental law which applied to all its provinces and cities, is the 1579 constitution, which established the confederal Dutch Republic. The constitution was empowered by the Union of Utrecht, thus by treaty. Article XIII of the treaty granted each inhabitant of the Republic freedom of conscience.
After the French invasion of 1794 the Batavian Republic, a unitary state, was proclaimed. On 31 January 1795 it issued a bill of rights, the Verklaring der Rechten van den Mensch en van den Burger. On 1 May 1798 a new constitution, the first in the modern formal sense, the Staatsregeling voor het Bataafsche Volk, written by a Constitutional Assembly, went into force, approved by the National Assembly. The Napoleonic Kingdom of Holland, a constitutional monarchy, was established by the Constitutie voor het Koningrijk Holland on 7 August 1806. In 1810 the kingdom was annexed by the French Empire.
Establishment of the Kingdom of the Netherlands
After the French troops had been driven out by Russian
Regarding the government's political structure the 1815 constitution did not diverge much from the situation during the Republic: the 110 members of House of Representatives (lower house) of the States General, the "Second Chamber" as it is still called, were still appointed by the States-Provincial (for three years; each year a third was replaced), who themselves were filled with nobility members or appointed by the city councils, just like under the ancien régime. However, now also some rural delegates were appointed to all States-Provincial (first only true for Friesland) and the city councils were appointed by electoral colleges which were in turn elected by a select group of male citizens of good standing and paying a certain amount of taxes, so indirectly there was a modicum of democracy introduced to the system. Generally, however, the administration was monarchical, with the king appointing for life the members of the Senate, the "First Chamber", that mockingly was called the Ménagerie du Roi. In 1840, when a new revision was made necessary by the independence of Belgium, a first step to a more parliamentary system was taken by the introduction of penal ministerial responsibility.
Constitutional Reform of 1848
The constitution as it was revised on 11 October 1848 is often described as the original of the version still in force today. Under pressure from the
Expansion of suffrage
In 1884 there was a minor revision. In 1887 the census suffrage system was replaced by one based on minimal wealth and education, which allowed an ever-growing share of the male population to be given the right to vote; therefore this provision was at the time nicknamed the "
In 1917, like in 1848 influenced by the tense international situation, universal manhood suffrage was introduced combined with a system of proportional representation to elect the House of Representatives, the States-Provincial and the municipality councils. The Senate continued to be elected by the States-Provincial, but now also employing a system of proportional representation, no longer by majorities per province. The Christian democratic parties agreed to universal manhood suffrage in exchange for a complete constitutional equality in state funding between public and denominational schools, thus ending the school struggle. By the revision of 1922 universal suffrage was explicitly adopted in the constitution, after it had already been introduced by law in 1919. Each three years, half of the members of the Senate were to be elected by the States-Provincial for a period of six years, using a system of proportional representation.
Later revisions
In 1938 there was a minor revision, introducing some elements of the then fashionable corporatism by giving a constitutional base to public bodies regulating sectors of the economy. A proposal to make it possible to impeach "revolutionary" members of representative bodies, directed against communists and fascists, failed to get a two-thirds majority.
After
In 1983 the constitution was almost entirely rewritten. Many articles were abolished.
In 1987 there was a minor revision. In the revision of 1995 the introduction of a professional army, replacing the conscript army, was regulated. In the revision of 1999 a proposal to introduce an
Revision
|
There are substantial safeguards to prevent carefree revision of the constitution. A revision of the constitution is submitted to both chambers of the States General, the House of Representatives and the Senate where the proposed revision has to pass with a (normal) majority. The proposed revision needs to be subsequently be supported by both chambers with a 2/3 majority, after general elections for the house of representatives (in practice most revision are submitted shortly before planned elections). The general elections and the new house of representatives guarantees citizens can indirectly vote for or against a revision.
Content
Systematics and terminology
Civil law systems are characterized by their emphasis on abstract rules and methodology. Since the
Because there is no Constitutional Court testing laws and acts against the constitution, much of the systematics are centered on the problem of
Chapters
Chapter 1: Basic rights
Chapter 1 is mainly a
- prohibition of discrimination (Article 1). This article forbids any discrimination on any grounds but allows affirmative action. This right can only be limited by law, if there is an objective, reasonable justification for restricting it. In that case, the court will decide if the law is suitable, necessary and in proportion to reach the purpose of the law.
- Nationality, citizenship and right to reside in the country (including extradition) is specified in article 2.
- Right to be appointed to a public function and to hold multiple nationalities is specified in article 3.
- The right to vote (Article 4). The right can be limited by formal law; no delegation is allowed.
- The right of (written) Habsburg authorities, the noble petitioners having been contemptuously treated as "beggars" (Geuzen). The constitution of 1815 limited the ancient right to written petitions, hoping to curtail the typical disorder created by large groups of delegates. Nevertheless, such public mass petitioning has always remained very popular. The right of petition does not imply an accompanying right to be answered, but in practice all public bodies have special commissions to do just that. Often petitions are directed to the King, although the system of ministerial responsibility makes it impossible for him to take action by himself; his secretarial cabinet relegates such petitions to the relevant ministries.
- Freedom of religion (Article 6). This right can be limited by formal law; delegation is possible.
- freedom of gathering of information.
- Freedom of association (Article 8). This right can be limited by formal law, but only to safeguard public order. No delegation is allowed. Almost any organization posing any conceivable danger to public order in the broadest sense is forbidden by the still extant Wet vereniging en vergadering ("Law of association and assembly") of 1855, but this law only very rarely leads to an official disbandment of an organization as a legal entity under the civil code. Dutch legal doctrine holds that the freedom of association does not protect against forced membership of organizations, e.g. when such membership is a condition for being active in a certain profession.
- Freedom of assembly and freedom of demonstration (Article 9). The revision of 1983 split the old combination of "freedom of assembly and association" and added the former to a new freedom of demonstration. The right can be limited by formal law. Delegation is allowed but only to protect public health, for traffic concerns and to prevent public disorder.
- Right to privacy (Article 10). This right, introduced by the revision of 1983, is a general right to be protected whenever the personal integrity is threatened. The right can be limited by formal law. Delegation is allowed, but only in relation to databases. The article imposes a duty on the government to protect against a threat to privacy posed by a possible abuse of databases (subarticle 2); and to regulate the right of persons to be informed about the content of such databases concerning their person and the right to improve possible mistakes in such content (subarticle 3).
- Inviolence of the (human) body (Article 11). This right, introduced by the revision of 1983, can be limited by formal law; delegation is allowed. The right is a subspecies of the general right to personal integrity expressed in article 10, so no dichotomy is intended between the two concepts. It protects against violations like forced medical experiments, corporal punishment, torture and mutilation. It does not end with death and thus demands a legal basis for organ donation.
- Prohibition of unlawful entry of the home when no permission of the inhabitant has been obtained (Article 12). Although often presented as a general "right of the home", this article is in fact more based on the principle that the authorities do have a fundamental right to enter homes, but that this must be given a legal basis. The law has to indicate in which case and by which persons entry is legal. Delegation is allowed. Dutch courts tend to give precedence to the practicality of police investigation, so this article has had little protective value.[citation needed]
- cell phonecommunication, but earlier this was contended.
- Prohibition of unlawful expropriation (Article 14). The Dutch constitution contains no general right to property. This has been defended by successive governments with the argument that such right is so fundamental to Dutch society that it is redundant to explicitly mention it. Expropriation is only allowed to serve the public interest and on the condition that prior formal assurance is given of (full) indemnity, meaning that some exact sum has to be determined. It has to be based on law; delegation is allowed, but only as regards the indemnity determination procedure, not the expropriation as such. Subarticle 2 states, however, that in an emergency situation the prior assurance has not to be given — in those cases the amount of compensation will be determined later. Subarticle 3 extends this arrangement to cases of destruction, partial damage, total loss and limitations of the right to property, caused by the competent authority to serve the public interest. Normal cases of damage are ruled by the civil code.
- Right to liberty (Article 15). This right can be limited by formal law. Delegation is allowed since the revision of 1983. Subarticle 2 safeguards access to the competent judge for anyone detained; this judge has the power to order the release of the detainee, like in the common law habeas corpus doctrine. In fact all relevant laws order the authorities to obtain approval from the judge within a certain time limit, but deny to the detainee access by his own initiative until that limit has been reached. Subarticle 3 contains the penal law obligation of the authorities to ensure that a trial takes place and is finished within a reasonable period of time. This right cannot be limited by law. In fact the Dutch penal code contains loopholes making it possible to delay trials indefinitely.[citation needed] Subarticle 4 states that all basic rights of a detainee can be limited in the interest of his detention.
- war crimes and crimes against humanity.
- Ius de non evocando (Article 17). This ancient right states that no one can against his will be kept from the competent court. It cannot be limited by law — but law decides which court is competent.
In addition to these classic rights the revision of 1983 introduced a number of social rights. The distinction between the two categories is not strictly based on any legal doctrine and in fact the social right articles contain many freedom rights. The social rights are:
- Right to counsel (Article 18). Subarticle 1 contains a freedom right: anyone has the right to be legally assisted or represented in court or during administrative appeal. This right is absolute and cannot be limited by law. Nevertheless, the law may impose qualification requirements on legal representatives so that e.g. only attorneys are allowed to represent. Subarticle 2 contains the right to legal aid for the destitute. The right can be limited by formal law; delegation is allowed. However, doctrine holds that the State has an absolute duty to provide a minimum of legal aid.
- asylum seekers.
- Welfare of the people (Article 20). Subarticle 1 imposes a duty upon the government to ensure the subsistence of the population and an adequate distribution of wealth. Subarticle 2 demands that laws are made concerning the entitlements to social welfare. Delegation is allowed. Subarticle 3 contains a right to welfare for the destitute. The right can be limited by formal law; delegation is allowed. The government has a duty to make a law implementing the right. The right is limited to those Dutch nationals living in the Netherlands.
- Environmental protection (Article 21) This article imposes a duty on government to ensure the habitability of the land — including the general infrastructure and especially the vital sea-defences — and the protection and improvement of the environment. Doctrinal consensus holds that "improvement" implies that government is not allowed to make environmental laws much less strict.
- Health, housing, culture and recreation(Article 22). This is a basket article combining rights that were too important to remain unmentioned, but too unimportant to warrant a separate article status. Subarticle 1 imposes a duty upon government to improve public health. Subarticle 2 does the same for living conditions and subarticle 3 for "cultural self-realisation" and recreational activities.
- Freedom of education (Article 23). The Catholics and eventually socialists on the other hand.[2] In 1889 a system of school funding for denominational schools was introduced; in the revision of 1917 this was formalised by a guarantee of full constitutional equality between public and special schools: the Pacification. Even in 1983 this issue remained so sensitive that government and parliament failed to reach consensus over a changed redaction. As a result, Article 23 remained unchanged. It is therefore outside of the uniform terminology and systematics of the renewed constitution: some elements of Article 23 are absolute rights, others can be limited by law, for some this limitation can be delegated to lower administrative bodies — but it is impossible to understand from the article itself what is the situation for each element; this can only be learned from case law and doctrine. Absolute is the right to education itself (subarticle 2), the equality between public and special schools and the duty of the State to finance them all. The right to education is primarily a right to give education of any kind; the right to be educated is seen as derived; parents are free in the choice of schools. The right implies the right to found schools, the right to freely choose their underlying religion or philosophy of life and the right to organise them in accordance with such religion or philosophy. So not all "special" schools are denominational; some are e.g. anthroposophic or platonist. All have to be funded by government and with the strictest equality (subarticle 7); until recently law stated that this equality was nominal, meaning that if a municipality spent a certain sum per student in public schools, exactly the same sum had to be spent in its special schools. The right can be limited by formal law in that minimal quality requirements can be imposed (subarticle 5), both as regards the level of education and the standard of organization. Some of this power is in fact delegated to lower bodies; one of the breaking-points in 1983 was the refusal of parliament to express this in the constitution. The duty of State to (equally) fund is limited to free compulsory education (presently until the age of sixteen); Subarticle 7, however, states that law will specify the conditions under which non-compulsory education will be funded; unsurprisingly there is in fact in this field also strict equality. Subarticle 1 expresses the social right that education in general is an ongoing concern for the government; Subarticle 4 states that municipalities have the duty to provide for sufficient primary schools.
Chapter 2: Government
Dutch constitutional doctrine holds that the
§1: King
Article 24 stipulates that there is kingship and that this kingship is held by
§2: King and ministers
Article 42 states the main principles of Dutch government: that it is formed by King and ministers (Subarticle 1) and that "the King is inviolate; the ministers are responsible" (Subarticle 2). Before 1848 the inviolacy of the King was interpreted as a judicial one: he could never be tried in court for whatever reason. This is still so, but
The
The individual ministers do not have a (general) executive power, other than that which is attributed to them by special law.[citation needed]
Chapter 3: States General
§1: Organisation and composition
Article 50 states that there are
To be eligible to be elected it is necessary to be of Dutch nationality, to be over eighteen in age and not to have been excluded from the right to vote (Article 56); there are also certain incompatibilities of function (Article 57), the most important of which is that a minister not belonging to a demissionary cabinet cannot be a member of the States General, a stark contrast with the situation in
Each House appoints its own President from its members (Article 61) and a clerk, not from its own members; no officials of the States General may be member of the States (Subarticle 2). Law regulates the remuneration of the members; delegation is possible; such law can only be approved by a two-thirds majority (Article 63).
Article 64 states that government can dissolve each House by Royal Decree. Within three months elections have to be held (Subarticle 2). The duration of a new House of Representatives after dissolution is determined by law and not to exceed five years (Subarticle 4). The dissolution only takes effect when the new House meets, to avoid a period without representation. Dissolution of Parliament was in the 19th century an instrument for government to decide a conflict with the House of Representatives by submitting the issue to the voter. Unwritten law developed between 1866 and 1868 that this should not be done more than once over the same issue. The last instance occurred in 1894. In the 20th century such "conflict resolution" was replaced by "crisis resolution" whenever a political coalition fell apart and could not be reconciled; the government then resigns and instead of trying to find a new coalition majority, decides on holding new elections, normally in accordance with the wishes of parliament itself. Earlier typically an "interim cabinet" was formed to arrange for the elections, but this hasn't happened since 1982.
§2: Procedures
Article 65 states that the parliamentary year is opened on the third Tuesday of September (
The States General have an absolute
The States General have the
The Houses each determine their own Rules of Procedure (Article 72). As the legislative is in the Netherlands formed by parliament and government in cooperation, these Rules of Procedure are not formal laws but have a sui generis "legal" status.
Chapter 4: Council of State, Court of Audit, National Ombudsman and Permanent Advisory Colleges
Chapter 4 covers certain other
The second is the
The third is the National Ombudsman, a relatively new function; he may investigate by his own initiative or on request of anyone, the actions of State bodies or other governmental bodies indicated by law; this indication can be delegated (Article 78a). The ombudsman and his substitute are appointed by the House of Representatives for a certain period of time, to be determined by law. They are in any case dismissed by the House of Representatives on demand and when reaching a certain age (Subarticle 2). Law determines the competence of the ombudsman and the way he proceeds; delegation is allowed (Subarticle 3). His competence may by law be determined to exceed that given in Subarticle 1; delegation is allowed (Subarticle 4) — in contrast with the arrangement given for the Council of State and the Court of Audit.
The constitution has a general Article 79 founding the establishment of other advisory bodies, the "permanent advisory colleges". The law regulates the organisation, composition and competence of these bodies (Subarticle 2); other competences than mere advisory ones may be attributed by law (Subarticle 3); in both cases delegation is allowed. There used to be a great many of these advisory bodies; after 1996 their number was brought back to a few to economise. The advice of all bodies indicated in Chapter 4 is in principle public; the law regulates the way it is published; delegation is allowed (Article 80); it is submitted to the States General (subarticle 2).
Chapter 5: Legislation and Administration
§1: Laws and other prescripts
The Legislative is formed by Government (i.e. King and ministers) and the States General in cooperation (Article 81), although the term "legislative" is not actually used: the article simply states that government and the States General together make laws. This means that the Dutch concept of "formal law" cannot simply be equated to "Act of Parliament", as government and parliament act in unison in creating laws. In the Dutch constitutional system there is no decisive referendum, although sometimes consultative referendums are held, like the one in 2005 in which the people advised to reject the European Constitution; the Dutch people is thus not a direct lawgiver.
Bills are presented by the King or by the House of Representatives, which thus has the
In the Dutch constitutional system there is not only formal law; also other general governmental regulations are recognised, binding the citizen; the overarching concept is called "material law". These other regulations are the "other prescripts" mentioned in the heading of §1. Only the most important subcategory of these is explicitly mentioned in the constitution, in Article 89: the Algemene maatregelen van bestuur, "General Administrative Orders". To avoid doctrinal strive over what orders exactly are covered by this concept, a consensus has developed that a strict formal definition can be applied: all general orders made by Royal Decree (Subarticle 1) that have been submitted to the Council of Ministers and to the Council of State and have been published by the Staatsblad, are General Administrative Orders. Since the Second World War a doctrinal consensus has gradually developed that all general Royal Decrees have to conform to these conditions to be valid and that earlier practices to issue general Royal Decrees without meeting these three formalities — such Decrees, general or otherwise, are called "minor Royal Decrees" — can no longer result in regulations with binding force towards the citizen. Since 1889 the constitution determines that all prescripts with a penal character have to be based on formal law and that this law imposes the penalty (Subarticles 2 and 4). This includes the Royal Decrees and thus the General Administrative Orders. A doctrinal consensus has developed, however, that all General Administrative Orders, not just those with penal content, have to be based on formal law to be valid, with the competence to regulate delegated by such law.
§2: Other prescripts
The second paragraph of Chapter 5 contains several articles of disparate administrative content; but they are not the same as the "other prescripts" of §1; the redaction of the headings is generally seen as confusing and infelicitous on this point. Most articles in §2 are combined in coherent groups.
The first of these groups consists of articles pertaining to international law and treaties. Article 90 states that it is the duty of government to promote the international
According to present doctrine, that of "treaty monism", treaties are in the Dutch legal system in principle self-executing; no special transformation is needed by implementing special law, as in countries with a "dualistic" system (such as the United Kingdom). However, when the present articles covering this subject were last revisioned, in 1953, doctrine was divided and some defended a more dualistic position, that of "limited monism". They demanded the constitution to be neutral on this issue and this has led to some infelicitous results. Government originally intended that Article 93, stating that treaties of a generally binding nature would only have such binding force after they had been published, to be simply a safeguard, protecting the citizen against duties imposed on him by such treaty. However, the "limited monists" held that only such published treaties are self-executing and that thus Article 93 is the basis for all treaty monism; to appease them government stated that the article should in any case be read as covering also the treaties conferring rights on the citizen and imposing duties upon government. The unintended result was that government might thus in principle withhold rights to the citizen by not publishing the treaty. Article 94 determines that legal prescripts are inapplicable if they conflict with treaties of a generally binding nature. This means that laws can be tested against treaty norms and obligations. Dutch courts have however been very reluctant to do so, limiting this to cases where government has been left no freedom of policy at all by the treaty, or to severe formal and procedural defects. The case law is very complex and contradictory, complicated by the fact that the phrase "generally binding nature" is assumed to have exactly the same meaning in both articles. Article 95 states that law regulates the publication of treaties or (binding) decisions of international organisations; delegation is allowed.
A second group of articles consists of those pertaining to the national security. Before the revision of 1983 these were combined in a separate Chapter 10; the articles as such remained largely unchanged in 1983, but were finally fully revised in 2000. Article 96 states that a prior approval of the States General is necessary for the government (since 1983 no longer the King) to declare that the Kingdom is in a
The third group consists of articles pertaining to financial issues. Imposed taxation must be based on formal law (Article 104). Delegation is allowed. However, to indicate this must be done hesitantly, parliament insisted on a slightly different terminology: instead of krachtens de wet, the phrase uit kracht van wet was used; both mean "by force of law" or "pursuant to law"; but the second expression puts somewhat more emphasis on the force of the law and thus on the fact all delegation is ultimately derived from law. A yearly budget is on Prinsjesdag presented to the States General, its balance sheet approved by the Court of Audit (Article 105). Delegation is not allowed. The budget debates are held by the House of Representatives, with a separate treatment of each departmental budget and of special interdepartmental budgets; since 1971, the Senate immediately approves the budget formally in exchange for full policy debates. Article 106 states that formal law regulates the monetary system. Delegation is allowed. The article has lost its relevance by the introduction of the euro in 2002; doctrine holds that the constitution does not demand a purely national system.
A fourth and last group of articles pertains to judicial issues. Article 107 is the "
Article 111, the last of this paragraph, stands alone; it determines that formal law shall instate honorary Royal Orders of Knighthood. These are in fact the
Chapter 6: Administration of justice
This chapter regulates the Dutch
Article 112 states the main principle: the power to judge disputes of
Article 113 exclusively attributes also the power to judge
Article 114 entails a civil right: the prohibition of the
Article 118 regulates the Dutch Supreme Court, the
Article 120 states that no judge will judge the constitutionality of laws and treaties. Therefore, no constitutional review of formal laws is possible; the Netherlands lack a
Article 121 states three safeguards for a fair trial: the first is that trials are public. The second is that judgments must specify the considerations and grounds upon which they are based. The third is that any judgment must be pronounced in public. Any exception to these principles can only be made by formal law; no delegation is possible. Article 122 states that pardon is granted by Royal Decree, on advice by a court indicated by law. Formal law regulates the procedure; delegation is possible. Also, an amnesty is possible by a special law or by force of such law; delegation is possible (Subarticle 2).
Chapter 7: Provinces, municipalities, water boards and other public bodies
The Netherlands form a decentralised unitary state, meaning that although the state is not a federation, some bodies have an autonomous power of regulation, either based on a territorial division or on a functional division.
Article 123 states that provinces and municipalities can be established and abolished by formal law, hereby indicating the two levels of territorial division. The twelve Dutch provinces still largely coincide with their medieval predecessors, with the exception of Flevoland, and North and South Holland, which were created in 1815 from Holland; the municipalities have recently been greatly decreased in number. Formal law regulates changes in their boundaries, delegation is allowed (Subarticle 2).
Article 124 states the main principles of decentralisation: provinces and municipalities are competent to regulate and administrate their internal affairs (Subarticle 1), delegation is possible — but only by the provinces and municipalities themselves (Article 128); nevertheless demands, regulated by formal law, can be made by the central government on such regulative and administrative powers; delegation is allowed (Article 124 sub 2). So the lower territorial administrative bodies have on the one hand a relative autonomy — but on the other hand they must work within the national legal framework, loyally implement national government policy and are subject to central control. This is further covered by Article 132: the standard organisation of provinces and municipalities and the composition and competence of their administrative organs is regulated by formal law (Subarticle 1); how they are controlled is regulated by law (Subarticle 2); their decisions shall only be subject to prior supervision in cases determined by law or by force of law (Subarticle 3); their decisions shall only be quashed by Royal Decree and on grounds that they violate the law (in the broadest sense: the recht) or conflict with the public interest (Subarticle 4). Law will in general regulate the kind of provisions to be made if provinces or municipalities fail to meet the demands of Article 124 sub 2 (Subarticle 5). Which taxes may be levied by provinces and municipalities and their financial relationship with the state, are determined by law (Subarticle 6).
Article 125 indicates the main administrative organs of the lower territorial administrative bodies: in the case of the provinces these are the
The members of the
Chapter 8: Amending the constitution
To amend the constitution, the proposed changes must first be approved by both the House of Representatives and the Senate of the
Additional articles
There used to be several additional articles with Roman numbering; however, all except articles IX and XIX are now abrogated.
Charter for the Kingdom of the Netherlands
|
Each of the four countries within the Kingdom of the Netherlands (The Netherlands, Aruba, Curaçao and Sint Maarten) has its own constitution or "basic law". These constitutions are legally subjected to the Charter for the Kingdom of the Netherlands, which is the constitution of the entire Kingdom. The Charter however, mainly describes the relations between the different parts of the Kingdom. In addition it stipulates that each country is obliged to promote human rights, listed in a special bill of rights, and decent governance. The Kingdom of the Netherlands is a federacy, where the central government gives considerable autonomy to some parts of the kingdom (Aruba, Curaçao and Sint Maarten), but retains control over a large part (European Netherlands). There is a Government of the Realm, a Legislative of the Realm and a Supreme Court of the Realm. However, these bodies are only fully formed on special occasions and by appointing special Antillian members to the normal Dutch government, parliament and Supreme Court. One of the members of the Dutch council of ministers is always also appointed a permanent "Minister of Antillian Affairs". Since 1998 this is the Minister of the Interior and Kingdom Relations; when he is acting in this capacity the council has the status of the Government of the Realm to treat minor issues. Though the Charter is in principle higher than the Dutch Constitution, there is no legal mechanism to enforce this. The Dutch Supreme Court has consistently ruled that it is forbidden for judges to test laws and administrative acts against the Charter. However the Government of the Realm can strike void any law of Aruba, Curaçao and Sint Maarten for being incompatible with the Statute. This asymmetry and the fact that foreign affairs and the defence of the Kingdom are administered by the Dutch Government in its capacity of Government of the Realm show that the frame of government of the Kingdom has also elements of a decentralised unitary state. The Charter can only be changed with the consent of all countries within the Kingdom; the laws to this effect can be adopted with a simple absolute majority in each of their parliaments.
General precepts
| ) |
Although the constitution itself is the primary body of constitutional law in the Netherlands, it is not the only law that contains constitutional codification. A number of general precepts are encoded in a separate law known as the Law on general precepts (the Wet Algemene bepalingen). These precepts cover a number of varying topics ranging from applicability of different types of laws to persons or territories, to regulations mandating that judges must hear all cases brought before them.
See also
Notes
References
- Koekkoek, A.K. (e.a.) (2000) de Grondwet — Een systematisch en artikelsgewijs commentaar, Tjeenk Willink Deventer
- Kortmann, C.A.J.M., (2005), Constitutioneel Recht, Kluwer, Deventer
External links
- Dutch version on Wikisource
- UNIBE.ch, 1989 and 1972 versions (in English), University of Bern
- Dutch government website (in Dutch)