Constitution of the Netherlands

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The current constitution of the Netherlands goes back to the years 1814/15 when the Kingdom of the United Netherlands was established. It is one of the oldest constitutions still in force in the world and has its roots in the constitution of the Batavian Republic of 1798 in the course of the French Revolution . The model was the French Declaration of the Droits de l'Homme et du Citoyen ; important differences lay in the individual freedoms of citizens and Christian charity .

An important constitutional amendment, which led to the emergence of the parliamentary system in the Netherlands, dates back to 1848. Another milestone is the changes in connection with the pacificatie of 1917, when universal suffrage was introduced. In 1954, the constitution, which until then only consisted of the Grondwet voor het Koninkrijk der Nederlanden , was supplemented by the Statuut voor het Koninkrijk der Nederlanden . This transformed the colonial empire into a new structure. The last major revision took place in 1983, when a large part of the text was reformulated.

The main author of the 1814 constitution: Gijsbert Karel van Hogendorp . Portrait at the Beurs World Trade Center in his native Rotterdam

Constitutional history

Republic 1579–1795

Bust of Johan van Oldenbarnevelt, 1586 to 1619 raadspensionaris of Holland and thus the most influential politician in the Netherlands at that time

As a result of the uprising of 1568, the (northern) Netherlands had become independent from Habsburg Spain, which was recognized in the Peace of Westphalia in 1648. The individual provinces were united in the Union of Utrecht , the treaty concluded for this purpose from 1579 does not constitute a constitution, but for Holland and Zeeland it contained the basic right to individual freedom of belief . Behind the term “ Republic of the Seven United Netherlands ” are to be understood aristocracies in which the patricians of the cities and the nobility held the leadership. Despite the supremacy of the province of Holland, the other provinces also had to give their consent to the common policy. In the 17th century, the Netherlands was still seen as orderly, safe and reliable, afterwards, when the rest of Europe modernized their administration, as less efficient and old-fashioned.

The first Dutchman who thought a constitution in the modern sense of a written bill of rights came from the movement of patriotten of the 1780s - the patriots wanted in terms of education involved the middle class in political power. Developments in North America were in part the model for those who favored the constitution; They pointed out that the Utrecht Treaty Document of 1579, which had long been so venerated , lacked features such as popular sovereignty , fundamental rights and a delimitation of state tasks.

French period 1795–1813

Departments from 1798

In 1795 the French of the Revolution invaded the Netherlands and a Batavian Republic was founded. A Staatsregeling voor het Bataafsche Volk existed in 1798 after French pressure had accelerated the negotiations in the Dutch National Assembly. The constitution was based on the French Directory . However, the state regulation was not a slavish imitation of the French constitution of 1795, as an older historiography saw, according to the constitutional lawyer Velema.

Although the very extensive state regulation adopted the doctrine of the separation of powers , it gave the legislature the highest power. The parliament consisted of two elected chambers. The parliament elected five people from among its members who formed a kind of government. The provinces were replaced by departments on the French model; there should no longer be any instances between the people and the national parliament. In 1801, however, under pressure from the French First Consul Napoléon , a new state regulation was introduced, which followed the development of the constitution in France. In addition, it was not possible to anchor the centralized system in the country.

Less than twenty percent of those eligible to vote took part in the referendum, which is why those who stayed at home were unceremoniously counted as supporters. The new state regulation of October 1801 strengthened the executive, whose members were partly elected by parliament and partly determined by co-optation and by the departments. Members of parliament were appointed and the legislative initiative rests with the executive. Due to a territorial reorganization, the departments now largely corresponded to the old regions and were given the old names again. Like the municipalities, the departments received some powers. For the first time, a Nationaal Gerechtshof was set up.

Louis Bonaparte, King of Holland 1806–1810

Again it was Napoléon, meanwhile emperor, who wanted a new state regulation in the autumn of 1804 . The government was to have only one person at the head, for which Napoleon had chosen the Batavian envoy to Paris, Rutger Jan Schimmelpenninck . If the turnout was less than five percent, the new state regulation came into being in 1805. The raadspensionaris ( Pensionary , a term from the time of the Republic) was offset by a legislative body of only 19 members. The rights of the lower levels were again restricted in favor of the raadspensionaris .

Since Schimmelpenninck's government did not meet Napoléon's expectations, the emperor established a kingdom of Holland , with his brother Louis Bonaparte as king. In 1810, however, the departments of the kingdom were annexed by France because Louis failed to comply with Napoléon's instructions. Under the governor general for the départements de la ci-devant Hollande , Charles François Lebrun, prefects were installed in the departments and maires in the municipalities.

In summary, L. Prakke writes about the French period that in fifteen years one has experienced the full scale of the consequences of the revolution. The forms and institutions of the old republic came to an end without the subsequent regimes lasting long enough to take root.

The Constitution of the Kingdom of 1814/15

The United Kingdom of the Netherlands 1815–1830, together with the Grand Duchy of Luxembourg in personal union
King William I of the Netherlands (1815), who ruled from 1815 to 1840
Adoption of the Constitution of the Netherlands, engraving from 1814

After Napoleon's power began to decline, Wilhelm Friedrich , Prince of Orange-Nassau, ended his almost 19-year exile. On November 30, 1813 (around a month after the Battle of Leipzig ), he landed at Scheveningen near The Hague . In order not to jeopardize his beginning rule, he announced on December 2nd that he would only accept the sovereignty offered to him if a constitution was adopted. It is important for Dutch constitutional lawyers to emphasize that the constitution was not imposed by the king . The proclamation of Messrs. Kemper and Fannius Scholten, which on December 1, 1813, granted the Orange man sovereignty, already mentioned a constitution.

The draft for the constitution came from the lawyer Gijsbert Karel van Hogendorp . In the style of the ancien régime , he often spoke of the Basic Law in the plural, in the sense of fundamental constitutional principles. Despite the rhetorical recourse to the old days and the emphasis on tradition, his design adopted the concept of the unitary state from the French period. The juxtaposition of old and new can be clearly illustrated with the corresponding article in the Grondwet of 1814: De Staten-Generaal vertegenwoordigen het geheele Nederlandsche Volk . The term Staten-Generaal was old, but no longer referred to an assembly of ambassadors as in the republic of the seven provinces, but a national representative body as in the state regulation of 1798.

Characteristic for the Grondwet voor de Vereenigde Nederlanden (the Basic Law for the United Netherlands) of March 30, 1814 are hereditary royal dignity and a centrally organized jurisdiction.

The constitution had to be reformed as early as 1815, because at the Congress of Vienna the formerly Austrian Netherlands (later Belgium ) fell to Wilhelm's state. The Grondwet voor het Koninkrijk der Nederlanden , in French: Loi fondamentale du Royaume des Pays-Bas , introduced the bicameral system , i.e. the division of parliament into two chambers. The members of the First Chamber were appointed for life by the King, those of the Second Chamber for three years, with one third resigning each year. Some new fundamental rights such as the right of petition and freedom of the press were introduced.

Changes in 1840 and 1848

Johan Rudolf Thorbecke (1798–1872), liberal statesman and reformer of the 1848 constitution

By becoming independent of Belgium in 1830 and the recognition of this fact by the Netherlands in 1839 a constitutional amendment was necessary. In order to limit the dominance of the province of Holland in Dutch politics, it was divided into the provinces of Noord-Holland and Zuid-Holland . Otherwise, the Dutch government originally only wanted to take the changed international situation into account in the revision of 1840. But the Second Chamber forced the introduction of ministerial responsibility , at least in terms of criminal law ; accordingly, the ministers also had to give their contraseign , their signature under royal resolutions. Kortmann describes this as a step towards "independent ministers not tied to the king". The change in budget law was also significant: the entire state budget had to be determined every two years, with no distinction between normal and extraordinary budgets. The change from 1840 contributed to the abdication of the conservative, rather absolutist oriented King William I in.

The Dutch Virgin protects the throne and the “Dutch lion” against the ministers, caricature in De Nederlandsche Spectator , 1866, based on Article 53 on ministerial responsibility

A liberal current led by Johan Rudolf Thorbecke wanted a constitution that was less oriented towards the monarch, the right to vote for the people’s representative bodies and the ministers being politically responsible. In 1844, however, the Second Chamber rejected a corresponding bill brought in by Thorbecke's College of Negenmannen (nine men).

In 1848 a revolutionary movement spread across Europe from France. Therefore, King Wilhelm II agreed to implement a number of liberal demands. Twelve draft amendments of June 19, 1848 became law on October 11, 1848. The new constitution then came into effect on November 3rd. This reform established the constitutional structures that are still largely in force in the Netherlands today. Political ministerial responsibility was new, more precisely, the ministers' duty to provide information to the Second Chamber. The second chamber, provinciale staten (parliaments of the provinces) and municipal councils were directly elected, the first chamber through the provinciale staten . The former King Wilhelm I wanted to influence the organization of the Catholic Church in the Netherlands, but the reformed constitution now recognized the freedom of church organization and paved the way for the restoration of the episcopal hierarchy in 1853.

However, it was not until 1866/68 that it was no longer the King but de facto the Second Chamber who finally determined the composition of the Cabinet.

Extension of the right to vote in 1884

Negotiations on the constitutional amendment in the Second Chamber, 1887

The constitutional reform of 1884 (a more detailed one followed in 1887) had major consequences for the development of the right to vote. According to the new regulation, men were allowed to vote if they showed signs of suitability and social welfare. This opened up the possibility for the legislature to no longer design the right to vote on a census basis, i.e. not to make it dependent on a man's tax revenue.

"Pacificatie" 1917

After 1887, universal suffrage and the school question played a major role in the political dispute. Non-denominational and denominational parties argued over whether public and special school education should be financially equal. In other words, the Protestant and Catholic parties wanted the religious schools to be paid for by the state, despite private sponsorship.

Pieter Cort van der Linden , from 1913 to 1918 Chairman of the Council of Ministers (until 1945 title of Prime Minister)

After efforts to achieve universal suffrage in 1903, 1907 and 1913 failed, the parties moved closer together in World War I. The decisive agreement was reached during the cabinet under the non-party Pieter Cort van der Linden . It went down in history under the name pacificatie (peacemaking). The non-denominational, at that time primarily the Liberals, agreed to the state funding of religious schools, in return the denominational gave in to the right to vote. The constitutional reform of 1917 brought universal male suffrage, and the opportunity was opened up for women to follow suit. In addition, there was the change from majority voting to proportional representation, both at national and provincial and municipal level.

With the “Pacificatie” after 1848, 1917 is considered the second major turning point in Dutch constitutional life. For the first time according to universal male suffrage, elections were held in July 1918; women were allowed to vote for the first time in 1922 by the 1919 law. Because of the sustained strength of the denominational parties in particular, little changed at first, with the exception of the emergence of splinter parties. The introduction of proportional representation, which also strengthened the party leadership through the new nomination of candidates, was therefore more important than universal suffrage, judges historian JJ Woltjer.

Changes in the interwar period

The further constitutional changes up to the Second World War are comparatively insignificant. 1922 was u. a. the system of succession to the throne was changed and the right to vote for women , which had already been introduced by law in 1919, was included in the constitution. The reform of 1938 made it possible to appoint ministers without portfolio, on the other hand, a minister was no longer allowed to be a member of parliament. The proposal that “revolutionary” (read: communist) representatives of the people could lose their mandate did not come through the Second Chamber.

Decolonization 1946–1963

Dutch East Indies

From 1940 to 1944/1945 the Netherlands was occupied by Germany, so that parliament could not meet. The developments in the colony of the Dutch East Indies soon made constitutional changes necessary. During the reform of 1946, relations with the overzeese gebiedsdelen (parts of the overseas territory) were to be renewed, as had been announced in 1942; In addition, attempts were unsuccessful to generally facilitate constitutional changes. What was important was the amendment to the then Article 192, according to which the government was not allowed to send any conscripts overseas against their will. The change did not come into force until August 1947, criticizes the historian Loe de Jong, when two divisions had been sent out shortly before - unconstitutionally.

A major reform came in 1948 when the legislature was allowed to deviate from the Constitution should the transition to a new overseas legal system make it necessary. However, that came too late to keep developments in the Indonesian War of Independence on a constitutional basis. In that year, state secretaries (in the sense of sub-ministers) were also introduced, and the income of a king who renounced the throne was regulated. At that time, Queen Wilhelmina had resigned in favor of her daughter Juliana.

In 1954 a statute for the kingdom (Netherlands and the colonies) was added (see below). In 1956 the constitution was changed again because of Indonesia : when the sovereignty was transferred, the two countries agreed on a Dutch-Indonesian union under the Dutch crown. This unrealized union was finally rejected by Indonesia in 1956, and it has now disappeared from the constitution. In addition, the number of members of parliament increased from 100 to 150 in the Second Chamber and from 50 to 75 in the First Chamber.

The 1963 reform also carved out Dutch New Guinea , which had recently been transferred to Indonesia via the United Nations.

Later reforms

A partial reform in 1972 dealt with payments to the king and other members of the royal family as well as to former and incumbent parliamentarians. The right to vote was reduced to 18 years.

The long attempt at the great reform of 1983 had already begun after the constitutional amendment of 1963. In 1966, a department of the Ministry of the Interior published a completely new constitutional text, which caused a lot of reaction. The State Commissie Cals-Donner , set up in 1967 under the leadership of Jo Cals and André Donner , presented its final report in 1971, also with a new text, much of which was incorporated into the later reform of 1983. The Cabinet of Joop den Uyl put 1974 the chambers a corresponding nota ago. It quickly became clear that no agreement could be reached on the issues of the cabinet formation and the electoral system. At the first reading in 1976, four of 39 proposals failed; the government itself withdrew one. At second reading only one proposal out of 34 was rejected.

The changes came into effect on February 17, 1983. They made the Basic Law shorter and more systematic. The legal terminology, unchanged since 1848, has been modernized. Since then, the Basic Law has dispensed with the ambiguous word Kroon (crown), and where the word Koning (king) was used in the sense of government , it is now regering (government).

After 1983 there were minor constitutional changes in 1987, 1995, 1998, 2000, 2002 and 2012. Among other things, compulsory military service was suspended, the possibility of international military peace missions was opened up, and the responsibilities previously held by the king in the formation of a new government were transferred to parliament.

Content of the Basic Law

Fundamental rights

Schotelcity (bowl city) in Amsterdam . The so-called anti-discrimination article is often related to the multicultural society .

Since 1983, the fundamental rights that were previously to be found in different parts of the constitution have been summarized in a catalog of fundamental rights. It was placed at the beginning of the Basic Law (Articles 1–23). In addition, a few more classic and, for the first time, social basic rights were added. In the case of classic basic rights, the state is prohibited from intervening, for example censorship is not permitted. Basic social rights, on the other hand, require state intervention; some of them are enforceable (the right to social assistance, Art. 20, 2). However, both types of basic rights can be intertwined, so the basic social right to freedom of job choice is also a classic freedom right.

Nevertheless, there are still fundamental rights in other parts of the Basic Law, such as conscientious objection to military service (Article 99). The suspension of fundamental rights refers to A. Article 103 on the State of Emergency. Fundamental rights are usually restricted by implementation and objective provisions, for example Article 8 (freedom of association) may be restricted in the interests of public order. It is then specified which state body has the authority to do so, usually the legislature.

The constitution begins with the much-cited Article 1, the "Anti-Discrimination Article":

All those who are in the Netherlands have been treated in gelijke gevallen gelijk. Discriminatie wegens godsdienst, levensovertuiging, politieke gezindheid, ras, geslacht of op welke grond dan ook, is niet toegestaan.
Everyone who is in the Netherlands is treated equally in the same cases. Nobody may be discriminated against because of their religious, ideological or political views, their race, their gender or for other reasons.

During the reform of 1983, the government justified the fact that, for example, the right to strike or the prohibition of torture were not mentioned because certain do's and don'ts are already regulated internationally or by treaties. The government found the right to food excessive.

government

Willem-Alexander , King of the Netherlands, great, great, great-grandson of Wilhelm I. He is a permanent part of the government.

The second chapter, about the government (regering) , is divided into two paragraphs, about the king (koning) (Art. 24–41) and about the king and the ministers (Art. 42–49).

The provisions on the king deal extensively with the succession to the throne and its eventualities, including the question of a reign when an heir to the throne cannot yet be king for reasons of age. According to Article 24, the Koningsschap is inherited by the legal successors of King William I, Prince of Orange-Nassau.

The 1983 reform removed a provision that gave sons priority over daughters. Despite the detailed regulations, according to Heringa and Zwart, there is no provision for the event that the heir to the throne cannot exercise the office due to physical or mental disabilities. If no king has yet been appointed and no regent either, the Council of State exercises the office.

Previously, the word king in the constitution could mean both the king as a person (e.g. as the recipient of apanages ), the king as part of the government and the king as a synonym for the government; in the latter case, the 1983 reform used the word government instead .

Ministry of General Affairs in The Hague

When it became necessary to install a new government, usually after elections, the king appointed an informateur to speak to the factions. Then a formateur, also appointed by the king, put together a government team. Sometimes it was already the future Prime Minister. The kabinettsformatie gave critics of the Basic Law and the monarchy the greatest points of attack. Since 2012 it has been parliament that appoints these people.

The earlier expression that the king appoints and dismisses the ministers naar welgevallen ( if they are pleased) was removed in 1983. Nevertheless, the formation of a cabinet is still the area in which the king still has some freedom to control. The king is a permanent part of the government. The Prime Minister usually has a meeting with the King or Queen once a week. The Basic Law gives parliament no formal right to overthrow the government, but a government would hardly be able to act without support in the Second Chamber.

houses of Parliament

Throne in the Great Hall of The Hague . Once a year, on Prinsjesdag , both chambers of parliament meet in the knight's hall and the king reads out the government declaration.

The Staten-Generaal (States General or States General) with their two chambers form the Parliament of the Netherlands (Articles 50–72). If both chambers appear together (usually once a year on Prinsjesdag ), this is called Verenigde Vergadering (United Gathering ). The actual parliament, in which the government and members of parliament act together, is the Tweede Kamer (Second Chamber). Article 53 prescribes proportional representation.

According to Article 50, the States General represent het gehele Nederlandse volk (the entire Dutch people). This was already included in 1814 in order to delimit the new unitary state from the old, sovereign provinces. Even the First Chamber , whose 75 members are elected by the provinciale states , has no federal function (for example to represent the interests of the provinces). The First Chamber is politically cautious and can accept or reject bills (from the Second Chamber), but not change them.

State Council and other institutions

Building of the State Council in The Hague

The fourth chapter deals with the Raad van State (Council of State), the Algemene Rekenkamer (General Chamber of Accounts ) and vaste colleges van advies , i.e. permanent advisory bodies (Art. 73-80).

The most important of these bodies is the Council of State, whose three tasks are described in Article 73: first, to give advice on draft laws, second, to draft general administrative measures. Thirdly, the Council of State has general jurisdiction functions, namely as a court of appeal when a citizen feels that he has been treated unfairly by the state administration.

The King presides over the Council of State.

Legislation and Administration

The chapter on Wetgeving en bestuur regulates in a first paragraph laws and binding regulations that the Reich issues (Art. 81-89). The second paragraph deals with other provisions (Articles 90–111).

The government and the Second Chamber have a right of initiative for a draft law; the first can at most exert influence indirectly (through an informal suggestion, otherwise to let the entire law fail). Laws are enacted jointly by the government and the States General (Art. 81). After all, a law has to be signed by the king; what is meant by king is the “unassailable” part of the government ( onaantastbaar , “irresponsible”, he cannot be prosecuted). However, this act falls under the ministerial responsibility.

Jurisprudence

Building of the Hoge Raad in The Hague , the highest Dutch court

Articles 112 to 122 (Chapter 6) reflect the basic norms of jurisprudence and give the legislature a great deal of freedom to set up and compose the courts. In contrast to the Basic Law of 1972, the formulation was dropped in 1983 that law is spoken “in the name of the king”. The government found the uniformity of jurisdiction guaranteed in other ways as well.

In contrast to Belgium or Germany, for example, there is no constitutional jurisdiction in the Netherlands. Article 120 states that a judge cannot judge the constitutionality of laws and treaties. A different approach by the state commissioner Cals-Donner was rejected by the government and the second chamber at the time. However, judges are allowed to review the laws to determine whether they comply with international treaties. The laws are not inviolable, according to Heringa and Zwart. The reason for the lack of constitutional jurisdiction is that the judgment of the judges could be of a political nature, which judges are not entitled to.

Provinces, municipalities and watermarks

Provinces of the Netherlands

Chapter 7 (Articles 123-136) deals with the regional authorities, i.e. provinces, municipalities, the waterschappen ( water boards ) and other public bodies.

Provinces and municipalities can simply be established or repealed by law (Art. 123), the wording allowing the parliament to delegate the decision on border changes.

In 1983, the revised Article 130 made it possible for the legislature to give foreign residents the right to vote locally. In 1986 they were allowed to take part in the municipal council elections for the first time.

Constitutional amendments and other articles

The procedure for amending the Basic Law is laid down in Articles 137 to 142 of the Constitution of the Kingdom of the Netherlands; it has remained almost unchanged since 1848. First, the government or the second chamber introduces bills to the second chamber; informally one speaks of “first reading”. These bills announce that an amendment to the Basic Law will be considered; they will be treated like other bills. The Staatsblad will inform you if the drafts are accepted .

After that, the parliament must be dissolved, since 1995 only the second chamber. New elections give the Dutch the opportunity to vote on the constitutional amendments. After a new Second Chamber has come together, the bills will be read a second time and will be submitted again. After acceptance by both chambers, they are confirmed, proclaimed and come into force by royal resolution. In practice, the Second Chamber is not dissolved specifically for the purpose of changing the constitution, but one waits for the upcoming elections. The constitutional changes get lost in the general election campaign. An exception was the early election of 1948 in connection with the Indonesian War of Independence . Consequentially, constitutional amendments come about in close time to elections. Since no deadlines are stipulated, the final confirmation can also take place later.

At the end of the constitution (Art. I, Art. IX, Art. XIX) there are some transitional and final provisions, for example which formulations must be used in state acts such as the promulgation of laws.

Other constitutional law

Parliament building in Aruba

The Statuut voor het Koninkrijk der Nederlanden , which came into being with the law of October 28, 1954, does not belong to Grondwet itself . Since then, the Netherlands, Suriname and the Netherlands Antilles have formed the Kingdom of the Netherlands under the statute . The Grondwet in its entirety only applies to the Netherlands, but some of its regulations also apply to the Kingdom of the Netherlands as a whole, for example nationality .

After 20 years of existence, the structure of the Koninkrijk der Nederlanden has changed several times: Surinam became independent in 1975, Aruba was spun off from the rest of the Antilles in 1986. The Netherlands Antilles were completely abolished in 2010 and divided into the autonomous areas of Sint Maarten and Curaçao and the BES islands connected to the Netherlands . Since then, the Kingdom of the Netherlands has encompassed the overseas territories of Aruba, Curaçao and Sint Maarten as well as the Netherlands. The Dutch monarch is also king of the kingdom. When the Dutch cabinet negotiates issues that also affect overseas, authorized ministers (gevolmachtigde ministers) take part in cabinet meetings as representatives of these areas . One then speaks of the Rijksministerraad . The authorized ministers are not part of the cabinet.

Furthermore, international agreements have an impact on Dutch constitutional law, such as the European Convention on Human Rights of 1950/53. Also the EU privilege is of great importance. International law was not only subject to a judicial examination of Dutch constitutional law: the death penalty has only been constitutionally prohibited since 1983, previously only through simple law and international agreements.

In the relationship between government and parliament there is internal law, for example the convention since 1868 not to let the second chamber dissolve twice for the same reason, or that the government first asks for dismissal and only then the second chamber is dissolved. According to Kortmann, the practice boils down to the fact that unwritten state law is the practice which the offices concerned claim together to be unwritten law. However, non-compliance with such non-normative practices has no legal consequences.

classification

As a very old constitution, the Grondwet is quite conservative. It originally served primarily to regulate relations between the king and parliament. Unlike in other constitutions of Western European monarchies, for example Denmark and Belgium, no popular sovereignty was subsequently established. A right of parliament to force the resignation of the government is also not mentioned. In the Grondwet also the terms are not found "democracy", "civil" and "party".

The Grondwet has no preamble and is poor in statements that could be interpreted as ideological. The closest thing to this is the “Anti-Discrimination Article” 1 from 1983, which is naturally mainly quoted by the political left. Right-wing populist Pim Fortuyn , who is critical of Islam , pointed to the contradiction between Article 1 (prohibition of discrimination) and Article 9 (freedom of expression) and wanted to see the contradiction lifted in favor of freedom of expression.

Compared to Germany or the USA, the Dutch constitution has a rather subordinate role in national symbolism, although it is certainly appreciated as a historically and legally significant document. Unlike in Germany, Denmark and a number of other countries, there is also no known constitutional day .

See also

literature

  • Leonard Besselink: Basics and main features of state constitutional law: Netherlands . In: Armin von Bogdandy , Pedro Cruz Villalón , Peter M. Huber (eds.): Handbuch Ius Publicum Europaeum (IPE) . CF Müller Verlag, Heidelberg 2007, Vol. I, pp. 327-388, ISBN 978-3-8114-3541-4 .
  • AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, ISBN 90-271-3368-9 .
  • CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, ISBN 90-268-3455-1 .
  • Norbert Lepszy: The political system of the Netherlands. In: Wolfgang Ismayr (Ed.): The political systems of Western Europe . Leske + Budrich, Opladen 1997, pp. 324-356, ISBN 3-8100-1457-5 .
  • Remco Nehmelman: Science of Constitutional Law: Netherlands . In: Armin von Bogdandy, Pedro Cruz Villalón, Peter M. Huber (eds.): Handbuch Ius Publicum Europaeum (IPE) . CF Müller Verlag, Heidelberg 2008, Vol. II, pp. 613-635, ISBN 978-3-8114-6301-1 .
  • NCF van Sas (ed.): De eeuw van de Grondwet. Grondwet en politiek in Nederland, 1798–1917 . Kluwer, Deventer 1998, ISBN 90-268-3326-1 .

Web links

Wikisource: Grondwet van de Bataafse Republiek  - Batavian Constitution (Dutch)
Wikisource: Fundamental Law of the Kingdom of the Netherlands of Aug. 24, 1815  - German ed. from Pölitz

Individual evidence

  1. ^ Hans Schoots: De grondwet van 1798 - Revolutie op het Binnenhof . In: Historisch Nieuwsblad (Ed .: Maurice Kneppers) 7/2010 [1]
  2. ↑ WRE Velema: Revolutie, Republiek en Constitutie. The ideological context of the first Nederlandse Grondwet . In: NCF van Sas (ed.): De eeuw van de Grondwet. Grondwet en politiek in Nederland, 1798–1917 . Kluwer, Deventer 1998, pp. 20-44, here p. 20.
  3. ↑ Erno Bos: Godsdienstvrijheid onder de eerste Oranjevorsten . Ed. Verloren, Hilversum 2009, abstract [2] .
  4. ↑ See also Handboek van het Nederlandse staatsrecht , edited by L. Prakke u. a., WEJ Tjeenk Willink, Deventer 2001, p. 107/108.
  5. ↑ WRE Velema: Revolutie, Republiek en Constitutie. The ideological context of the first Nederlandse Grondwet . In: NCF van Sas (ed.): De eeuw van de Grondwet. Grondwet en politiek in Nederland, 1798–1917 . Kluwer, Deventer 1998, pp. 20-44, here pp. 21/22.
  6. ↑ WRE Velema: Revolutie, Republiek en Constitutie. The ideological context of the first Nederlandse Grondwet . In: NCF van Sas (ed.): De eeuw van de Grondwet. Grondwet en politiek in Nederland, 1798–1917 . Kluwer, Deventer 1998, pp. 20-44, here p. 38.
  7. ↑ Handboek van het Nederlandse staatsrecht , edited by L. Prakke u. a., WEJ Tjeenk Willink, Deventer 2001, pp. 113/114.
  8. ↑ Handboek van het Nederlandse staatsrecht , edited by L. Prakke u. a., WEJ Tjeenk Willink, Deventer 2001, p. 114.
  9. ↑ Handboek van het Nederlandse staatsrecht , edited by L. Prakke u. a., WEJ Tjeenk Willink, Deventer 2001, p. 115.
  10. ↑ Handboek van het Nederlandse staatsrecht , edited by L. Prakke u. a., WEJ Tjeenk Willink, Deventer 2001, p. 115.
  11. ↑ Handboek van het Nederlandse staatsrecht , edited by L. Prakke u. a., WEJ Tjeenk Willink, Deventer 2001, p. 115.
  12. ^ NCF van Sas: Onder waarborging eener wijze constitutie. Grondwet en politiek (1813–1848) . In: NCF van Sas (ed.): De eeuw van de Grondwet. Grondwet en politiek in Nederland, 1798–1917 . Kluwer, Deventer 1998, pp. 114–145, here p. 117.
  13. ↑ Handboek van het Nederlandse staatsrecht , edited by L. Prakke u. a., WEJ Tjeenk Willink, Deventer 2001, p. 413.
  14. ^ NCF van Sas: Onder waarborging eener wijze constitutie. Grondwet en politiek (1813–1848) . In: NCF van Sas (ed.): De eeuw van de Grondwet. Grondwet en politiek in Nederland, 1798–1917 . Kluwer, Deventer 1998, pp. 114-145, here pp. 118/119.
  15. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 88.
  16. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 88.
  17. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 88. “Zelfstandige, niet aan de bevelen van de Koning onderworpen ministers”.
  18. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 88.
  19. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 89.
  20. ↑ Kunze, Prof. Dr. Rolf-Ulrich: Johan Rudolf Thorbecke (1798-1872) and the constitution of 1848. In: The history of the netherlands 1795 to 1914. June 2007, accessed on October 28, 2018 .
  21. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 89.
  22. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 89.
  23. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 90.
  24. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 90.
  25. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, pp. 90/91.
  26. ↑ JJ Woltjer: Recent verleden. Nederland in de twintigste eeuw . Balans, Amsterdam 1992, p. 85.
  27. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 91.
  28. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 92.
  29. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 92.
  30. ^ Loe de Jong: Het Koninkrijk der Nederlanden in de Tweede Wereldoorlog . Volume 12: Epiloog, 2nd half, The Hague 1985, p. 800.
  31. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 92.
  32. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 93.
  33. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 93.
  34. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 94.
  35. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 94.
  36. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 94. “sterke bekorting en systematisering”.
  37. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, pp. 99/100.
  38. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 95.
  39. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, p. 31.
  40. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, p. 17.
  41. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, p. 26.
  42. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, p. 17.
  43. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, p. 103.
  44. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, p. 103.
  45. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, pp. 99-101.
  46. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, pp. 119/120.
  47. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, p. 132.
  48. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, pp. 134, 141.
  49. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, pp. 193/194.
  50. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, p. 222.
  51. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, p. 20, pp. 231-233.
  52. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, p. 241.
  53. ^ AW Heringa and T. Zwart: De Nederlandse Grondwet . 3rd edition, WEJ Tjeenk Willink, Zwolle 1991, pp. 252/253.
  54. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, pp. 98/99.
  55. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, pp. 102-104.
  56. ↑ CAJM Kortmann: Constitutioneel right . 4th edition, Kluwer, Deventer 2001, p. 128.
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