Simone Lawson
The Netherlands' constitution has a long and complex history. While the first constitution in the modern sense was written in 1798, the country's constitutional development began much earlier. The Netherlands' current constitution dates back to 1983, but it has undergone numerous revisions, with the most recent occurring in 2008. The constitution is the highest law in the country and combines rules governing the Dutch system of government and fundamental rights. These rights include freedom from discrimination, freedom of religion, expression, and the right to privacy. The constitution also establishes the country's political structure, including the roles of the King and Parliament. Despite its importance, the Dutch Constitution has been described as invisible and archaic, and many Dutch citizens admit to not knowing it well.
| Characteristics | Values |
|---|---|
| Date of the first constitution | 1579 |
| Date of the current constitution | 1983 |
| Date of the previous constitution | 29 March 1814 |
| Date of the constitution before that | 1806 |
| Date of the first constitution in the modern formal sense | 1 May 1798 |
| Date of the bill of rights issued by the Batavian Republic | 31 January 1795 |
| Date of the constitution of the Batavian Republic | 1794 |
| Date of the constitution revised | 2008 |
| Date when ProDemos was established | 2010 |
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What You'll Learn
The first Dutch constitution was written in 1579
The Union of Utrecht served as the legal foundation of the Dutch Republic, also known as the United Provinces, until its abolition in 1795 following the French invasion. The Union of Utrecht's constitution laid out a shared power structure between the unified territories, with sovereignty remaining with the provinces. The document also granted each inhabitant of the Republic freedom of conscience and included limitations on state power, such as prohibiting states from coining their own monies or negotiating treaties independently.
While the 1579 constitution was a significant milestone, it received criticism from figures like Madison and William Grayson, who compared it to the Articles of Confederation in the United States. They pointed out flaws in the power-sharing arrangement and the potential for discord among the provinces. Despite these criticisms, the 1579 Dutch constitution marked an important step in the country's history, setting the foundation for future iterations of the constitution and shaping the country's political landscape.
Following the French invasion in 1794, the Batavian Republic was proclaimed, and a bill of rights was issued in 1795. In 1798, a new constitution was established, marking the first in the modern formal sense. The Napoleonic Kingdom of Holland, a constitutional monarchy, was then established in 1806.
The current version of the Dutch constitution dates from 1983, although it has undergone numerous revisions since the 1930s. The 1983 version incorporated significant changes, including the abolition of many articles, the inclusion of social rights, and the reformulation of most articles using uniform legal terminology. The constitution combines the rules governing the Dutch system of government and fundamental rights, including freedom from discrimination, freedom of religion, expression, and the right to privacy.
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The modern constitution was established in 1814
The modern constitution of the Netherlands was established in 1814, on 29 March, after French troops were driven out by Russian Cossacks. This constitution established the new Sovereign Principality of the United Netherlands, with William VI of Orange as the "Sovereign Prince". He appointed 600 men of good standing as electors (Assembly of Notables), and these approved the constitution, which was written by a commission headed by Gijsbert Karel van Hogendorp.
The 1814 constitution was revised in 2008 and is the version that was in force until 1983. It combines the rules governing the Dutch system of government and fundamental rights. These rights include freedom from discrimination, freedom of religion and expression, and the right to privacy. The constitution also covers social rights, such as the right to housing and healthcare.
The 1814 constitution is structured into two legislative chambers: the Lower House (Tweede Kamer) and the Upper House (Eerste Kamer). The Lower House consists of 150 members, while the Upper House has 75 members. The two houses meet as a single entity in joint sessions.
The constitution outlines the duties and powers of state institutions, including parliament, the government, and the courts. It also provides for the appointment of members of the Supreme Court, who are tried by the Supreme Court for any offences committed while in office.
Despite its importance, the Dutch Constitution has been described as "insignificant" and "archaic" by some, and there is a consensus that it needs to be updated. 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.
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The constitution was revised in 2008
The Constitution of the Netherlands has undergone several revisions since its inception in 1814 (or 1815, according to some sources). The most recent major revision took place in 1983, which saw the text almost entirely rewritten and new civil rights added. However, the Constitution was also revised in 2008, making more subtle changes to the document.
The 2008 revision did not involve a complete rewrite of the Constitution, as had occurred in 1983. Instead, it made alterations to specific articles and sections, which were then published by Royal Decree. These changes brought the Constitution into line with the Charter for the Kingdom of the Netherlands, which regulates the constitutional relationship between the different states constituting the Kingdom: the Netherlands, Curaçao, St Maarten, and Aruba.
One of the key changes made in the 2008 revision was the introduction of a two-stage process for amending the Constitution. This new process required that any amendments to the Constitution would have to go through two readings before being finalized. This added an extra layer of deliberation and scrutiny to the process of altering the country's fundamental law.
The 2008 revision also made changes to the way in which trials and judgments were handled. It stipulated that, except in cases specified by the Act of Parliament, trials would be held in public, and judgments would be pronounced in public and specify the grounds on which they were based. This change increased the transparency and accountability of the judicial process.
Additionally, the 2008 revision addressed the powers of provinces and municipalities. It affirmed that provinces and municipalities could be dissolved and new ones established by Act of Parliament, and that revisions to their boundaries would be regulated by the same. The revision also delegated the powers of provinces and municipalities to regulate and administer their own internal affairs to their respective administrative organs.
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The constitution is subordinate to the Charter for the Kingdom of the Netherlands
The Kingdom of the Netherlands encompasses the Netherlands, Aruba, Curaçao, and Sint Maarten. Each of these countries has its own constitution or "basic law". The Constitution of the Kingdom of the Netherlands, which dates back to 1814 or 1815, is the most important state document and the highest law in the Netherlands. It outlines the rules governing the Dutch system of government and fundamental rights, including freedom from discrimination, freedom of religion, expression, and the right to privacy.
However, the Constitution of the Kingdom of the Netherlands is subordinate to the Charter for the Kingdom of the Netherlands. The Charter serves as the constitution for the entire Kingdom and outlines the constitutional relationship between the different states. It stipulates that the Netherlands is governed according to the provisions of its own Constitution, while Aruba, Curaçao, and Sint Maarten are governed by their respective Basic Laws.
The Charter explicitly outlines which matters of lawmaking and policy involving Aruba, Curaçao, and/or Sint Maarten are to be dealt with at the Kingdom level, and therefore apply to all four countries. Any matter not explicitly mentioned as an affair of the entire Kingdom that involves Aruba, Curaçao, and/or Sint Maarten is considered an affair of the individual countries. Affairs of the Kingdom that do not involve these three countries are typically handled by the Netherlands alone, in its capacity as the representative of the Kingdom of the Netherlands.
The Charter also includes provisions for mutual assistance and cooperation among the four countries. All four countries are obliged to promote human rights and good governance. Any changes to the Charter require the approval of all four countries in the Kingdom, demonstrating the collaborative nature of their constitutional relationship.
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The constitution is widely considered archaic and in need of attention
The Dutch Constitution, currently in force since 1983, is considered by many to be archaic and in need of attention. The first constitution of the Netherlands was established in 1579, forming the confederal Dutch Republic. The current constitution combines the rules governing the Dutch system of government and fundamental rights.
The constitution is the highest law in the Netherlands and is considered the most important state document. It includes fundamental rights that give individuals the freedom to live and participate in society and politics without interference from the government. These rights include freedom from discrimination, freedom of religion, freedom of expression, and the right to privacy. While the constitution has been revised several times, with the most recent major revision being in 1983, some argue that it is still outdated and requires further attention.
One issue with the Dutch Constitution is the absence of a Constitutional Court to test laws and acts against it. This lack of a central authority to interpret and enforce the constitution can lead to confusion and inconsistency in how the constitution is applied. As a result, the interpretation of the constitution is left to the courts, which can lead to varying interpretations and potential conflicts.
Another issue is the complexity and archaic language of the constitution. In 2008, a survey revealed that 64% of the Dutch population admitted to not knowing the constitution very well, and 20% said they did not know it at all. The constitution contains many narrowly phrased provisions that can be challenging to understand and apply in practice. This complexity can make it difficult for citizens to understand their rights and freedoms, leading to a disconnect between the constitution and the people it governs.
Furthermore, the process of amending the constitution is not straightforward. Revisions require a two-stage process, and past attempts at revision have faced challenges and resistance. For example, in 1946, a revision failed, and in 1948, a new chapter was added to accommodate the incorporation of Indonesia within the Kingdom under the Netherlands-Indonesia Union, which also soon became irrelevant. The complex and lengthy revision process can hinder the ability to adapt the constitution to the evolving needs of the country.
In conclusion, while the Dutch Constitution has undergone revisions over the years, it is widely considered archaic and in need of attention. The issues surrounding the absence of a Constitutional Court, complex language, and challenging revision process highlight the need for further efforts to modernise and streamline the constitution to ensure it remains relevant and accessible to the Dutch people.
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Frequently asked questions
The first constitution of the Netherlands was written in 1579.
The 1579 constitution established the confederal Dutch Republic and was empowered by the Union of Utrecht.
The modern constitution of the Netherlands was written in 1798.
On 29 March 1814, the new Sovereign Principality of the United Netherlands was established by the constitution, the Grondwet van den Staat der Verëenigde Nederlanden.
The current constitution of the Netherlands dates from 1983.
