netherlands constitution

This means that the King cannot act in a public capacity without ministerial approval: externally the governmental policy is always represented by the responsible minister who, should he feel that the King's personal influence in it threatens to become too predominant, has to resign if he cannot prevent it; what happens internally between King and ministers is the Crown Secret, never to be divulged. This defence force consists of volunteers and may contain conscripts (Article 98). The House of Representatives has the right of amendment; government too may amend (Article 84). Civil law systems are characterized by their emphasis on abstract rules and methodology. The Supreme Court in revision only decides points of law, not substantial matters. Constitution of the Kingdom of the Netherlands, Chapter 4: Council of State, Court of Audit, National Ombudsman and Permanent Advisory Colleges, Chapter 5: Legislation and Administration, Chapter 7: Provinces, municipalities, water boards and other public bodies, Statute of the Kingdom of the Netherlands, Learn how and when to remove this template message, Visa policy of the Kingdom of the Netherlands in the Caribbean, House of Representatives of the Netherlands, Charter for the Kingdom of the Netherlands, Minister of the Interior and Kingdom Relations, Wet Algemene Bepalingen of the Netherlands, Principle of legality in French criminal law, Article 5 of the Statute for the Kingdom of the Netherlands, https://en.wikipedia.org/w/index.php?title=Constitution_of_the_Netherlands&oldid=1123245125, Articles needing additional references from May 2019, All articles needing additional references, Articles with unsourced statements from June 2015, Articles with unsourced statements from June 2018, Articles with unsourced statements from January 2012, Articles with unsourced statements from October 2008, Articles with unsourced statements from January 2014, Articles with Dutch-language sources (nl), Creative Commons Attribution-ShareAlike License 3.0, Inviolence of the (human) body (Article 11). In 1972 there was a minor revision; the main change was a lowering of the voting age to 18. The official languages of the Netherlands are Dutch and English. In 1983, a major revision of the Constitution of the Netherlands was undertaken, almost fully rewriting the text and adding new civil rights. This right can be limited by formal law; delegation is possible. The States General of the Netherlands (Dutch: Staten-Generaal [sta.t(n).e.nral] ()) is the supreme bicameral legislature of the Netherlands consisting of the Senate (Eerste Kamer) and the House of Representatives (Tweede Kamer).Both chambers meet at the Binnenhof in The Hague.. The States General have the right of inquiry (Article 70). Abuja. 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. 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. These other regulations are the "other prescripts" mentioned in the heading of 1. Chapter 1 Fundamental rights. 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. Since Napoleonic times conscription had been the rule and voluntary service the exception; this has now been inverted to accommodate the creation of a fully professional army in 1997. The elections take place within a system of proportional representation (Article 129 sub 2); the vote is secret and the organisation of the voting is regulated by law (Subarticle 3). Constitutional framework. After the elections the King consults his advisors. Other principles, like impartiality, are not explicitly mentioned in the constitution. In 2000 a new Article 99a was inserted, that law has to regulate civil defence; the older legal system regulating this issue had been largely abolished since the end of the Cold War. For cases of gross neglect of administrative duty, formal law will regulate the kind of provisions to be made in deviation of Articles 125 and 127 (Article 132, sub 4). Constitutional Monarchies and the Netherlands Constitutional monarchies go by a few different names, absolute monarchy, kingship, limited monarchy, monarchical government, and also as queenships (New World Encyclopedia 2009). Though the Statute is in principle higher than the Dutch Constitution, there is no legal mechanism to enforce this. Each year many thousands are honoured by the constitutional orders. These are in fact the Order of William, the Order of the Netherlands Lion and the Order of Orange-Nassau. The Dutch Supreme Court has consistently ruled that it is forbidden for judges to test laws and administrative acts against the Statute. This includes the Royal Decrees and thus the General Administrative Orders. 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). This has been done on many occasions, e.g. The members of the council, the Staatsraden, are appointed by Royal Decree for life (Subarticle 2); they can be dismissed on demand by Decree, or in cases determined by law by the Council itself, and law can determine an age limit (Subarticles 3 and 4). The article must thus be seen as imposing a duty upon government to arrange for such reservation or clause. The Prime Minister and the ministers are appointed and dismissed by Royal Decree (Article 43). This article forms the basis of all Equal treatment legislation in the Netherlands. The Senate is elected by the States Provincial (Article 55). Indeed, that force is much larger than with written constitutional rules;[citation needed] any breach of the unwritten rules would cause an immediate constitutional crisis. 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. Bills are presented by the King or by the House of Representatives, which thus has the right of initiative (Article 82). The affirmation needs sign and ministerial countersign but also the older Royal Order has to be signed and countersigned, ordering to publish the law in a special publication, the Staatsblad van het Koninkrijk der Nederlanden (Bulletin of Acts, Orders and Decrees of the Kingdom of the Netherlands, also called Bulletin of Acts and Decrees). The 1815 Constitution, and its most recent revision in 2002, guarantees that all people shall be treated equally and bans all forms of discrimination. The sessions of the States General are public (Article 66), but the session will be secret (In camera) when the House in question so decides (Subarticle 3) which can be proposed by a tenth of the quorum or the President, on which proposal the doors are closed immediately for the vote (Subarticle 2). William VI of Orange, instated on 2 December 1813 as "Sovereign Prince" by acclamation, and only accepting "under the safeguard of a free constitution, assuring your freedom against possible future abuses", had first appointed a number of men of good standing as electors and these approved the constitution, written by a commission headed by Gijsbert Karel van Hogendorp. The Constitution of the Netherlands (article 1) contains a general prohibition on discrimination. Outwardly the council acts as if there were complete agreement between all ministers: the so-called "homogeneity". If the procedure turns out to be problematic, the House can ask the king to play a role in the formation process. The Constitution only applies in cases between the state and private individuals. The Netherlands Constitution may be amended in the following way: 1. 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. Royal Decree may end the state of emergency. In 2002 the system underwent a major revision the "aldermen" (wethouders) and States Deputised were no longer allowed to be members of the municipal councils or States Provincial respectively. 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). Delegation is allowed. Article 54 [Exclusion from Voting] Article 81 [Form of Promulgating Laws] Article 130 [Approval and Disapproval of a Bill] Projects > ICL > Countries > Netherlands > Constitution. A provision that has remained unchanged is Article 99, stating that law regulates the exemption of military service for conscientious objectors; delegation is allowed. The members are appointed for life by Royal Decree from a shortlist of three, proposed by the House of Representatives (Article 77). 3. 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. 2. If the King is unable to exert the royal authority and there is as yet no regent, the Council exerts the royal authority (Article 38). Neither holding provincial elections specially for this purpose, nor postponing consideration of the proposal to change the constitution until after the regularly scheduled provincial elections is considered a desirable alternative. 34); declaration by Parliament of the King's inability (Art. However, one safeguard that is typical of the Judicial, to guarantee its independence, is also characteristic of the Dutch judiciary: its members are appointed for life (Article 117); they can resign voluntarily or will be fired at an age determined by law (Subarticle 2); present law prescribes an age of seventy. The item The Netherlands constitution, 1848-1998 : historical reflections, John W. Sap represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School. hour of devastation mtggoldfish netherlands constitution . The mayor has some legal executive powers of his own, mainly regarding the protection of public order, but these have no direct constitutional basis, they are delegated by the national legislator. Another doctrinal limitation is the ministerial responsibility: a minister is not obliged to give information about a subject for which not he is responsible but his colleague. The Netherlands has a hereditary constitutional monarchy that was established in 1815. 2. This competence may exceed the functions indicated in Article 73; in this case no delegation is allowed (Subarticle 2). Both males and females alike are allowed to inherit the monarchy on equal grounds. 1. 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. 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. Whether such conflict exists is decided by the States General; article 6 of the lower Rijkswet goedkeuring en bekendmaking verdragen determines that this decision has again to be made by special formal law. Sixteen such inquiries have been held since 1848, one of them, about the events in the Second World War, lasting from 1947 till 1956. The term "judiciary" is not meant to indicate the Judicial of the Trias politica, but rather a purely organisational complex of judicial institutions: those courts are simply part of the judiciary that are designated as such by formal law (Article 116). The conditions of the right to elect and be elected are the same as those regarding the elections of the House of Representatives (Article 129 sub 1). Therefore, delegation is only allowed if articles contain the terms "regulate" or "by force of law"; otherwise it is forbidden. The States General originated in the 15th century as an assembly of all the provincial states of the . After the Second World War in 1946 a revision failed attempting to simplify the revisional procedure. Delegation is not allowed. The Senate cannot propose law. The number of members of the House of Representatives members was brought up to 150, of Senate members to 75. A yearly budget is on Prinsjesdag presented to the States General, its balance sheet approved by the Court of Audit (Article 105). The doctrine of many other nations makes no such distinction. This implies that even in administrative disputes the citizen can always assure some legal resort, simply by bringing a tort action against the State: the judiciary is then competent. The main steps in creating a constitution and amending it usually include the following steps: proposal, drafting, legislative and/or executive branch review and approval, public referendum, and entry into law. As 126, however, had indicated that they were against because of the (by them still considered too limited) freedom of religion, which was mandatory under the Treaty of Vienna that ordered the union of the Northern and the Southern Netherlands, their votes and those of the men having refused to vote, were added to the minority, and by this infamous "Hollandic Arithmetic" William felt justified to proclaim the new kingdom. Parliament was accorded the right to amend government law proposals and to hold investigative hearings. Article 50 states that there are States General and that these represent the whole of the people of the Netherlands. Also notes the method for selection of members. Only the most important subcategory of these is explicitly mentioned in the constitution, in Article 89: the Algemene maatregelen van bestuur, "General Administrative Orders". Article 2 Citizenship. The first of these groups consists of articles pertaining to international law and treaties. 30 and 31); the oath and inauguration in the capital of the Netherlands, Amsterdam (Art. Article 51 specifies that the States General consist of a House of Representatives of the Netherlands (lower house), the Second Chamber of 150 members and a Senate (upper house), the First Chamber of 75 members the constitution deliberately mentions the House of Representatives first to emphasize its political primate. The ministers together form the Council of Ministers (Article 45), presided by the Prime Minister (Subarticle 2), which assembles (in fact weekly) to promote the unity of the general governmental policy (Subarticle 3). 36); regency (Art. All persons in the Netherlands shall be treated equally in equal circumstances. Article 111, the last of this paragraph, stands alone; it determines that formal law shall instate honorary Royal Orders of Knighthood. These constitutions are legally subjected to the Statute of the Kingdom of the Netherlands, which is the constitution of the entire Kingdom. Because there is no Constitutional Court testing laws and acts against the constitution, much of the systematics are centered on the problem of delegation. Royal decree also institutes the ministries (Article 44), which have tended to be very variable in number and scope, and non-departmental ministers (Subarticle 2), who officially have no ministry but whom in fact is assigned the necessary personnel and who sign and are responsible for a partial budget. A comprehensive list can be found in the World Factbook. They do however have the right to invite any expert to assist them in the discussions (Subarticle 3). Terms commonly used to describe constitutional changes are "amended," "revised," or "reformed." Arbitral Practice 275 3; ASSET REPACKAGING TRUST SIX B.V. (Amsterdam) ANNUAL; Kingdom of the Netherlands Constitutional Law Of In 1953 new articles were introduced concerning international relations, as the Netherlands was abandoning its old policy of strict neutrality. Any proposal of law in the broadest sense and any proposed treaty is in principle first submitted to the Council of State for legal comment; this can be limited by formal law, which however only does so for trivial cases (Article 73). . All ministers and secretaries of state have to swear an oath of purification (declaring to not having bribed anyone to obtain their office, nor having been bribed to commit certain acts when in office) and swear allegiance to the Constitution (Article 49). However the Government of the Realm can strike void any law of Aruba, Curaao and Sint Maarten for being incompatible with the Statute. 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. A second group of articles consists of those pertaining to the national security. This means provinces and municipalities cannot create their own criminal codes and government cannot make a certain act a crime by a Royal Decree not based on formal law. Any person in the Realm is obliged to appear and answer their questions; it is a crime not to obey. This rule itself, however, being legal doctrine, is not explicitly included anywhere within the written law and is only found in the official commission reports and ministerial commentaries accompanying the bill. Article 2 [Citizenship] (1) Dutch nationality is regulated by Act of Parliament. proposal law) and does not alter the constitution, but declares there are sufficient grounds for a certain proposal to change the constitution to be considered. Further articles regulate abdication (Article 27); parliamentary approval of royal marriage on penalty of loss of the right to the throne (Art. Article 122 states that pardon is granted by Royal Decree, on advice by a court indicated by law. The term of the States-Provincial and the municipal council is four years, unless formal law determines otherwise (Subarticle 4) Law determines possible incompatibilities of function, and may determine that family ties, marriage or the commission of acts indicated by such law may lead to a loss of membership (Subarticle 5). (Articles 24-49) Chapter 3 The States General (Parliament) (Articles 50-72) Chapter 4 Council of State, Court of Audit National Ombudsman and permanent advisory bodies. There used to be a great many of these advisory bodies; after 1996 their number was brought back to a few to economise. 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. The Government of the Netherlands constitutionally consists of the King and the cabinet ministers. On 31 January 1795 it issued a bill of rights, the Verklaring der Rechten van den Mensch en van den Burger. Therefore, since 1986 no Dutch judge has any formal competence to impose the death penalty. EU Common Embassy Complex. Doctrine holds that the competence of the court is determined by the nature of the legal rule on which the plaintiff founds his claim. The Houses each determine their own Rules of Procedure (Article 72). The second is the Court of Audit (Algemene Rekenkamer). The most common foreign languages spoken regularly in the Netherlands are English, French and German. Their organisation, composition and competence is regulated by law; delegation is possible (Subarticle 2). The Netherlands have. All persons in the Netherlands shall be treated equally in equal circumstances. 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. 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 monarchies do vary from one country to another, but there are a few characteristics that make them similar. In earlier versions of the amendment process, the Senate was also dissolved whenever general elections were held and both Houses had approved a law to propose changes to the constitution. 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. Head of state The King is the head of state of the Kingdom of the Netherlands. The Government of the Netherlands constitutionally consists of the King and the cabinet ministers. This page was last edited on 22 November 2022, at 20:20. Netherlandsconstituent countryDutch The Constitution for the Kingdom of the Netherlands (Grondwet voor het Koninkrijk der Nederlanden) is one of two fundamental documents governing the Kingdom of the Netherlands as well as the fundamental law of the European territory of the Kingdom of the Netherlands. However, the old laws regulating conscription have only been suspended, to be reactivated in case of emergency; this is given a constitutional basis by Subarticle 2; delegation is allowed. However, formal law may give inhabitants of municipalities, that do not have the Dutch nationality, the right to elect, and be elected in, the municipal council, if they meet the other conditions (Article 130). The last instance occurred in 1894. To amend the constitution, the proposed changes must first be approved by both the House of Representatives and the Senate of the States-General with a simple majority (more than 50%). After a minor revision in 2002, the last changes were made in 2005; a proposal to introduce an elected mayor was rejected by the Senate. Phone. Prohibition of unlawful entry of the home when no permission of the inhabitant has been obtained (Article 12). Law may regulate exceptions to the provisions of Article 113 in case of trials held outside of the European territory of the Netherlands or of proceedings of martial law; delegation is possible (Subarticle 4). The Commissioner of the King is also part of the provincial administration as are the Deputised States; the mayor is also part of the municipal administration, as is the College of Mayor and Aldermen (Subarticle 2). It prohibits the judiciary to test laws and treaties against the constitution, as this is considered a prerogative of the legislature. Despite this, if not either a reservation of approval is made on conclusion of the treaty, or the treaty contains a ratification clause, treaties are according to international law binding upon conclusion. So taxes are relatively high to fund universal healthcare and schools. Since 2011, they even pay taxes on their earnings. All other issues pertaining the elections are regulated by formal law; delegation is possible (Article 59). Population: 16,933,558 (August 2015 cbs.nl) Density: 493/km2 (the highest in the European Union in 2015) Administration: The constitution dates mostly from 1848, and revisions undertaken in 1983. 4. 35); temporary relinquishment of the exercise of royal authority (Art. However, they defeated Napoleon and gained what is known modern day as Belgium and became the United Kingdom of the Netherlands.The Constitution of the United Kingdom of the NetherlandsThe constitution of the . 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