Eleanor Finch
The current constitution of the Netherlands dates back to 1983, but the country's first constitution was established in 1579. This constitution, which applied to all provinces and cities, established the confederal Dutch Republic. Over the years, the constitution has been revised several times, including in 1795, 1798, 1806, and 1814. The 1814 constitution, revised in 2008, is particularly notable as it established the Sovereign Principality of the United Netherlands after the French troops were driven out by Russian Cossacks. While the Dutch Constitution has faced criticism for its complexity and perceived irrelevance, it remains the most important state document and the highest law in the country.
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What You'll Learn
- The first constitution of the Netherlands was written in 1579
- The modern constitution was established in 1814
- The current version of the constitution came into force in 1983
- The constitution combines rules governing the Dutch system of government
- The constitution also outlines fundamental rights, including freedom from discrimination
The first constitution of the Netherlands was written in 1579
The 1579 constitution set the groundwork for future iterations of the Dutch constitution, with the modern version dating from 1983. Over the centuries, the constitution has undergone several significant revisions to accommodate the evolving political landscape of the Netherlands.
One notable change occurred in 1814, following the French invasion and the establishment of the Batavian Republic in 1794. On 29 March 1814, the new Sovereign Principality of the United Netherlands was established, with William VI of Orange as the "Sovereign Prince." This constitution was written by a commission headed by Gijsbert Karel van Hogendorp and approved by the new States General.
Another important revision took place on 24 August 1815, when King William I of the Netherlands issued the first version of the current constitution, expanding his realm to include the territory of present-day Belgium. This constitution included a limited unentrenched bill of rights, guaranteeing freedom of religion, the principle of habeas corpus, the right of petition, and freedom of the press.
The parliamentary system was introduced in 1848, marking a fundamental shift in the political system. The constitution underwent further amendments in the early 20th century, addressing issues of widespread suffrage and education. The most recent revisions to the 1814 constitution were made in 2008, showcasing the dynamic nature of this foundational document.
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The modern constitution was established in 1814
The modern constitution of the Netherlands was established on 29 March 1814, after French troops were driven out by Russian Cossacks. This constitution established the Sovereign Principality of the United Netherlands, with William VI of Orange as the "Sovereign Prince". Notably, William VI only accepted the position under the condition of a ""free constitution, assuring your freedom against possible future abuses". The 1814 constitution was later revised in 1815, which limited the ancient right to written petitions.
The 1814 constitution was written by a commission headed by Gijsbert Karel van Hogendorp and approved by an Assembly of Notables, consisting of 600 men of good standing appointed by William VI. The constitution combined the rules governing the Dutch system of government and fundamental rights. These fundamental rights included democratic rights, such as freedom from discrimination, freedom of religion, freedom of expression, and the right to privacy.
The 1814 constitution also established a bicameral legislature, consisting of a Lower House (Tweede Kamer) and an Upper House (Eerste Kamer), with 150 and 75 members, respectively. The Supreme Court of the Netherlands was also outlined in this constitution, with its members appointed by the Lower House of the States General. Additionally, the constitution specified that ministers and state secretaries would swear an oath of allegiance to the constitution upon accepting office.
While the 1814 constitution was a significant step in the development of the country's governance, it has faced criticism over time. Some characterise it as "insignificant" or "archaic", and there is a perception that it needs to be updated to better reflect the values and expectations of the Dutch people. Despite these criticisms, the constitution remains the highest law in the Netherlands and serves as a foundation for the country's legal system. The current version of the constitution in force dates from 1983, demonstrating the enduring nature of the 1814 framework.
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The current version of the constitution came into force in 1983
The current version of the Dutch constitution, which came into force in 1983, combines the rules governing the Dutch system of government and fundamental rights. The constitution is the most important state document and the highest law in the Netherlands.
The constitution has a long history, with the first version written in 1579, establishing the confederal Dutch Republic. This was followed by a bill of rights issued by the Batavian Republic in 1795, and a new constitution in 1798, the first in the modern formal sense. The Napoleonic Kingdom of Holland, a constitutional monarchy, was then established in 1806.
The version of the constitution from 1983 is a revision of the 1814 constitution, which established the Sovereign Principality of the United Netherlands after French troops were driven out by Russian Cossacks. This constitution was written by a commission headed by Gijsbert Karel van Hogendorp and approved by an Assembly of Notables consisting of 600 men of good standing.
The 1814 constitution has been revised several times, including in 2008, with Articles 57a and 129, paragraph 3, second sentence, and an amendment to Article 54, paragraph 2, entering into force after a delay of several years.
Despite its importance as a state document, a 2008 survey revealed that 64% of the Dutch population did not know the constitution very well, and 20% did not know it at all. The constitution has been described as "invisible", "archaic", and "insignificant", and there is a consensus that it does not meet expectations. However, ProDemos, established in 2010, provides a wealth of educational material and information about the constitution, and significant efforts have been made to revitalise it.
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The constitution combines rules governing the Dutch system of government
The Constitution of the Netherlands is the country's most important state document and highest law. While it dates back to 1814, the version currently in force was revised in 1983. This constitution combines rules governing the Dutch system of government and fundamental rights.
The constitution establishes the rights of all persons in the Netherlands, including human rights, democratic rights, and social rights. These rights include freedom from discrimination, freedom of religion and expression, the right to privacy, the right to housing, and the right to health care. Additionally, it outlines the process for electing or appointing representatives of state institutions, such as parliament, government, and the courts, and defines their duties and powers. It also dictates how laws are made and amended.
The Dutch Constitution is unique in that there is no Constitutional Court to review laws and acts against it. Therefore, much of the focus is on the problem of delegation. To protect democratic legitimacy and the constitutional rights of citizens, delegation of powers from the legislative to the government or lower bodies is only permitted if articles contain the terms "regulate" or "by force of law"; otherwise, it is forbidden. This rule is derived from legal doctrine but is not explicitly stated in the written law, instead being found in official commission reports and ministerial commentaries.
The constitution also outlines eligibility requirements for elected officials, such as possessing Dutch nationality and being over eighteen years old. Newly elected members are required to swear multiple oaths, including the oath of allegiance to the Constitution and the oath of loyalty to the King.
The Kingdom of the Netherlands is a federacy, with the central government granting autonomy to Aruba, Curaçao, and Sint Maarten, while retaining control over European Netherlands. The Constitution is subordinate to the Charter for the Kingdom of the Netherlands, which governs the relationship between these constituent states.
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The constitution also outlines fundamental rights, including freedom from discrimination
The Dutch Constitution has a long and complex history, with the first constitution of the Netherlands as a whole being established in 1579. This constitution, empowered by the Union of Utrecht, formed the confederal Dutch Republic and included Article XIII, which granted each inhabitant of the Republic freedom of conscience. The current version of the Constitution came into force in 1983, but its origins can be traced back to the French invasion of 1794, which led to the creation of the Batavian Republic and the issuance of a bill of rights in 1795.
The Dutch Constitution is the highest law in the country and outlines fundamental rights and freedoms that give individuals the freedom to live and participate in society and politics without interference from the government. These fundamental rights include the freedom from discrimination, which is enshrined in Article 1 of the Constitution. This article states that everyone in the Netherlands must be treated equally in equal circumstances and forbids discrimination of any kind. The right to freedom from discrimination is so important that it is also reflected in various statutory provisions and international human rights agreements that the Netherlands has signed and ratified, such as the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women.
In addition to freedom from discrimination, the Constitution guarantees other fundamental rights, such as freedom of religion, expression, and the right to privacy. These rights are laid down in Chapter 1 of the Constitution, which serves as a bill of rights. The Constitution also outlines social rights, such as the right to housing and healthcare, and procedural rights, such as the right to petition, which has a long tradition in the Netherlands. The right of petition is absolute and cannot be limited by law, demonstrating the importance placed on citizen participation in the Dutch system of government.
The Constitution of the Netherlands is unique in that it does not have a Constitutional Court to review and interpret the law. Instead, the legislative procedure to amend the Constitution involves a two-stage revision process. While this lack of a Constitutional Court can pose challenges in terms of democratic legitimacy and citizen protection, the country has developed mechanisms to address these concerns. The Constitution is subordinate to the Charter for the Kingdom of the Netherlands, which regulates the relationship between the different states within the Kingdom, ensuring a unified approach to constitutional interpretation.
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Frequently asked questions
The first constitution of the Netherlands was written in 1579. This constitution established the confederal Dutch Republic and was empowered by the Union of Utrecht.
Yes, the 1579 constitution was the first to apply to all provinces and cities of the Netherlands.
After the French invasion of 1794, the Batavian Republic was proclaimed as a unitary state. On May 1, 1798, a new constitution was written by a Constituent Assembly and approved by the National Assembly.
The modern constitution of the Netherlands was written in 1814, after the French troops were driven out by Russian Cossacks.
The most recent version of the constitution of the Netherlands was written in 1983.
