NationMaster - Encyclopedia: Constitution of the Netherlands

The present constitution of the Netherlands dates back to 1815. The Charter for the Kingdom of the Netherlands (in Dutch: Statuut voor het Koninkrijk der Nederlanden; in Papiamentu: Statuut pa e Reino di Hulanda) describes the political relationship between the three different countries that form the Kingdom of the Netherlands: the Netherlands in Europe and the Netherlands Antilles and Aruba... The Netherlands has been an independent monarchy since March 16, 1815, and has been governed by members of the House of Orange-Nassau since. ... Beatrix, Queen of the Netherlands (born January 31, 1938 as Beatrix Wilhelmina Armgard, Prinses der Nederlanden, Prinses van Oranje-Nassau, Prinses van Lippe-Biesterfeld) has been the queen regnant of the Kingdom of the Netherlands since April 30, 1980. ... The cabinet of the Netherlands or council of ministers plans and implements government policy. ... This is a list of cabinets of the Netherlands Note: first party mentioned provided prime minister. ... The fourth Balkenende cabinet or Balkenende IV is the current Dutch coalition cabinet. ... The prime minister of the Netherlands is the head of the cabinet, and, as such, coordinates the policy of the government. ... 3 November 1877: Jan Kappeyne van de Coppello (liberal) 19 August 1879: Theo graaf van Lynden van Sandenburg (conservative-protestant) 22 April 1883: Jan Heemskerk Abrahamzoon (conservative) 20 April 1888: Aeneas baron Mackay (ARP) 21 August 1891: Gijsbert van Tienhoven (liberal) 8 May 1894: Joan RÃ¶ell (old liberal) 26... Dr. Jan Peter Balkenende (born on 7 May 1956), has served as Prime Minister of The Netherlands since 22 July 2002. ... The Estates-General (Staten-Generaal) is the parliament of the Netherlands. ... The Eerste Kamer (literally First Chamber in Dutch) is the Upper House or Senate of the Netherlands parliament, the States-General. ... The Historic composition of the Eerste Kamer gives an overview of the composition of the Higher House of the Dutch parliament. ... The Tweede Kamer (second chamber) is the lower house of the Staten-Generaal, the parliament in the Netherlands. ... It has been suggested that this article or section be merged with Template:List of cabinets of the Netherlands. ... This article lists political parties in the Netherlands. ... Elections in the Netherlands gives information on election and election results in the Netherlands. ... Dutch Tweede Kamer seats as of 2006 The 2006 Dutch general elections were held in the Netherlands on Wednesday, November 22, 2006, and followed the call for new elections after the fall of the Second Balkenende cabinet. ... In the Netherlands, the Council of State is a constitutionally established advisory body to the government which consists of members of the royal family and Crown-appointed members generally having political, commercial, diplomatic, or military experience. ... Hoge Raad der Nederlanden is the Supreme Court of the Netherlands, situated in The Hague. ... The modern day Netherlands are divided into twelve provinces (provincies in Dutch), listed below with their capital city: Map of the Netherlands, with provinces and capital cities See also the ranked list of Dutch provinces // Structure A Dutch province represents the administrative layer in between the national government and the... All provinces of the Netherlands are divided into municipalities (gemeenten), together 458 (2006); among these we can distinguish: those comprising one main city, town or village with the same name as the municipality, and possibly some additional villages; for example Utrecht, comprising the city Utrecht and the villages De Meern... The European Union or EU is a supranational and international organization of 27 member states. ... The Netherlands abandoned its traditional policy of neutrality after World War II. The Dutch have since become engaged participants in international affairs. ... There are several terms used in Dutch politics which are not easily translated into English. ... This article gives an overview of liberalism in the Netherlands. ... This article gives an overview of socialism in the Netherlands, including communism and social democracy. ... This article gives an overview of christian democracy in the Netherlands, which is also called confessional politics, including political catholicism and Protestantism. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... April 5-12: Mount Tambora explodes, changing climate. ...

History

The first constitution of the Netherlands, in the sense of a fundamental law, is the 1579 constitution, which established the confederal republic of the Seven United Provinces. 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. The Union of Utrecht treaty inspired the American Articles of Confederation. Fundamental Law(s) may refer to A constitution, in particular, The Russian Constitution of 1906. ... A confederation is an association of sovereign states or communities, usually created by treaty but often later adopting a common constitution. ... Forms of government Part of the Politics series Politics Portal This box: A republic is a form of government maintained by a state or country whose sovereignty is based on popular consent and whose governance is based on popular representation and control. ... This article is about the Dutch United Provinces. ... The Union of Utrecht (Dutch: Unie van Utrecht) is a treaty signed on January 23, 1579 in Utrecht, the Netherlands, unifying the northern provinces of the Netherlands, until then under control of Spain. ... Single European Act A treaty is a binding agreement under international law entered into by actors in international law, namely states and international organizations. ... Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold a viewpoint, or thought, regardless of anyone elses view. ... The Articles of Confederation The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America. ...

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. From 1795 to 1806, the Batavian Republic (Bataafse Republiek in Dutch) designated the Netherlands as a republic modeled after the French Republic, to which it was a vassal state. ... A map showing the unitary states. ... A bill of rights is a list or summary of which is considered important and essential by a group of people. ... The Kingdom of Holland 1806 - 1810 (Koninkrijk Holland in Dutch, Royaume dHollande in French) was set up by Napoleon Bonaparte as a puppet kingdom for his third brother, Louis Bonaparte, in order to better control the Netherlands. ... This does not cite any references or sources. ... The term French Empire can refer to: The First French Empire of Napoleon Bonaparte (1804 - 1814 or 1815) The Second French Empire of Napoleon III (1852 - 1870) The Second French Colonial Empire (1830 - 1960) This is a disambiguation page — a navigational aid which lists other pages that might otherwise...

After the French troops had been driven out by Russian Cossacks, the new independent state of the Netherlands, a principality, was established by the constitution of 29 March 1814, the Grondwet voor de Vereenigde Nederlanden. 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. On 24 August 1815 William — since 16 March King William I of the Netherlands — having proclaimed himself King of the larger United Netherlands six days earlier, issued the first version of the current constitution, the Grondwet voor het Koningrijk der Nederlanden or Loi fondamentale du Royaume des Pays-Bas, establishing the United Kingdom of the Netherlands, now expanding his realm with the territory of the present state of Belgium, which would again cede from it in 1830. It included a limited unentrenched bill of rights, with freedom of religion, the principle of habeas corpus, the right of petition and freedom of the press as its main points. In the Treatise of London of 1814 the Allies had ordered that the original Dutch state would devise the new constitution. It had been approved by the new States-General of the Northern Netherlands, but rejected by the majority of appointed electors (796 against 527) of the Southern Netherlands. 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. Reply of the Zaporozhian Cossacks to Sultan Mehmed IV of Ottoman Empire. ... A principality is a monarchical feudatory or sovereign state, ruled or reigned over by a Monarch with the title of prince or princess (a synonym is princedom) or (in the widest sense) a Monarch with another title within the generic use of the term prince. ... Politics An acclamation is a form of election not using a ballot. ... Voting is a method of decision making wherein a group such as a meeting or an electorate attempts to gauge its opinionâ€”usually as a final step following discussions or debates. ... Gijsbert Karel graaf van Hogendorp (October 27, 1762- August 5, 1834) was a conservative Dutch statesman. ... April 5-12: Mount Tambora explodes, changing climate. ... King William I of the Netherlands, born William Frederik of Orange-Nassau (The Hague, 24 August 1772 - Berlin, 12 December 1843), was the second King of the Netherlands (the first king was Louis I Napoleon Bonaparte). ... Map of the kingdom United Kingdom of the Netherlands (1815 - 1830) (1839) (Dutch: Verenigd Koninkrijk der Nederlanden, French: Royaume-Uni des Pays-Bas and German: Vereinigte KÃ¶nigreich der Niederlande) were the unofficial names used to refer to a new unified European state created during the Congress of Vienna in... A bill of rights is a list or summary of which is considered important and essential by a group of people. ... The Declaration of the Rights of Man and of the Citizen guarantees freedom of religion, as long as religious activities do not infringe on public order in ways detrimental to society. ... In common law, habeas corpus (/heÉªbiÉ™s kÉ”É¹pÉ™s/) (Latin: [We command that] you have the body) is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ... The right to petition is the freedom of individuals (and sometimes groups and corporations) to petition their government for a correction or repair of some form of injustice without fear of punishment for the same. ... Freedom Freedom of the press (or press freedom) is the guarantee by a government of free public press for its citizens and their associations, extended to members of news gathering organizations, and their published reporting. ... The word States-General, or Estates-General, refers in English to : the Etats-Généraux of France before the French Revolution the Staten-Generaal of the Netherlands. ... The Southern Netherlands were a part of the Low Countries controlled by Spain (Spanish Netherlands, 1579-1713), Austria (Austrian Netherlands, 1713-1794) and France (1794-1815). ... The Congress of Vienna by Jean-Baptiste Isabey, 1819. ...

Regarding the frame of government the 1815 constitution did not diverge much from the situation during the Republic: the 55 members of Second Chamber of the States-General were still appointed by the Provincial States (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 Provincial States (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 very indirectly there was a modicum of democracy introduced to the system. In all the administration was very monarchal, with the king appointing for life the members of the First Chamber, that mockingly was called the Ménagerie du Roi. The term second chamber usually refers to the upper house in a bicameral legislature, such as the British House of Lords or the United States Senate. ... Ancien RÃ©gime, a French term meaning Former Regime, but rendered in English as Old Rule, Old Order, or simply Old Regime, refers primarily to the aristocratic social and political system established in France under the Valois and Bourbon dynasties. ... Capital Leeuwarden Queens Commissioner drs. ... An electoral college is a set of electors, who are empowered as a deliberative body to elect a candidate to a particular office. ... A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house. ...

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.

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 Revolutions of 1848 in surrounding countries, King William II accepted the introduction of full ministerial responsibility in the constitution, leading to a system of parliamentary democracy, with the Second Chamber directly elected by the voters within a system of single-winner electoral districts. Parliament was attributed the right to amend government law proposals and to hold investigative hearings. The Provincial States, themselves elected by the voter, appointed by majorities for each province the members of the First Chamber from a select group of upper class citizens. A commission chaired by Johan Thorbecke was appointed to draft the new proposed constitution, which was finished on 19 June. Suffrage was enlarged (though still limited to census suffrage), as was the bill of rights with the freedom of assembly, the privacy of correspondence, freedom of ecclesiastical organisation and the freedom of education. Year 1848 (MDCCCXLVIII) was a leap year starting on Saturday (link will display the full calendar) of the Gregorian Calendar (or a leap year starting on Monday of the 12-day slower Julian calendar). ... The European Revolutions of 1848, known in some countries as the Spring of Nations or the Year of Revolution, were a revolutionary wave which erupted in Sicily and then, further triggered by the revolutions of 1848 in France, soon spread to the rest of Europe and as far afield as... William II, King of the Netherlands and Grand Duke of Luxembourg (William Frederick George Louis) (December 6, 1792 â€“ March 17, 1849) ruled from October 7, 1840 until his death. ... In the Westminster System ministerial responsibility is the notion that a cabinet minister bears the ultimate responsibility for the actions of their ministry. ... A parliamentary system, or parliamentarism, is distinguished by the executive branch of government being dependent on the direct or indirect support of the parliament, often expressed through a vote of confidence. ... A constituency is any cohesive corporate unit or body bound by shared structures, goals or loyalty. ... Johan Rudolf Thorbecke (January 14, 1798 - June 4, 1872) was one of the most important Dutch politicians. ... Suffrage is the civil right to vote, or the exercise of that right. ... Group of women holding placards with political activist slogans: know your courts - study your politicians, Liberty in law, Law makers must not be law breakers, and character in candidates photo 1920 Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one... The secrecy of correspondence ( German: , Swedish: , Finnish: ), or literally translated as secrecy of letters, is a fundamental legal principle enshrined in the constitutions of several European countries. ... Freedom of education incorporates the right of any person to form a school and the right of parents, their children, or students to be educated at the school of their choice. ...

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 percentage of the male population to be given the right to vote; therefore this provision was at the time nicknamed the "caoutchouc-article". The election interval for the Second Chamber was changed from two (with half of it replaced) to four years (with full a replacement of now hundred members). Elegibility for the First Chamber was expanded. Any penal measure not based on formal law was prohibited. Rubber is an elastic hydrocarbon polymer which occurs as a milky emulsion (known as latex) in the sap of a number of plants but can also be produced synthetically. ...

In 1917, like in 1848 influenced by the tense international situation, manhood suffrage was introduced combined with a system of proportional representation to elect the Second Chamber, the Provincial States and the municipality councils. The First Chamber continued to be elected by the Provincial States, but now also employing a system of proportional representation, no longer by majorities per province. The Christian-democrat parties allowed manhood suffrage in exchange for a complete constitutional equality in state funding between public and denominational schools, ending the bitter Dutch School Wars which had antagonised Dutch society for three generations. 1917 (MCMXVII) was a common year starting on Monday of the Gregorian calendar (see link for calendar) or a common year starting on Tuesday of the 13-day slower Julian calendar (see: 1917 Julian calendar). ... Suffrage is the civil right to vote, or the exercise of that right. ... Proportional representation (sometimes referred to as full representation, or PR), is a category of electoral formula aiming at a close match between the percentage of votes that groups of candidates (grouped by a certain measure) obtain in elections and the percentage of seats they receive (usually in legislative assemblies). ...

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 First Chamber were to be elected by the Provincial States for a period of six years, within a system of proportional representation. Year 1922 (MCMXXII) was a common year starting on Sunday (link will display full calendar). ... Elections Part of the Politics series Politics Portal This box: Universal suffrage (also general suffrage or common suffrage) consists of the extension of the right to vote to all adults, without distinction as to race, sex, belief, intelligence, or economic or social status. ...

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. Historically, corporatism or corporativism (Italian: corporativismo) refers to a political or economic system in which power is given to civic assemblies that represent economic, industrial, agrarian, and professional groups. ...

After the Second World War in 1946 a revision failed attempting to simplify the revisional procedure. However a change was accepted allowing to send conscripts to the colonial war in the Dutch East Indies. Mushroom cloud from the nuclear explosion over Nagasaki rising 18 km into the air. ... This article or section does not cite any references or sources. ...

In the revision of 1948 a complete new chapter was added to facilitate the incorporation of the new state of Indonesia within the Kingdom. Soon it would become irrelevant as Indonesia severed all ties with the Netherlands in 1954. Also the revision created the office of secretary of state, a kind of subminister or junior minister but one fully subordinate to a certain minister. In several countries, Secretary of State is a senior government position. ... Junior ministers are usually ministers of below cabinet rank, such as Ministers of State and Parliamentary under Secretaries of State in the UK. Although they do not usually head a department, the actual power that these ministers hold varies from person to person. ...

In 1953 new articles were introduced concerning international relations, as the Netherlands were abandoning their old policy of strict neutrality.

In the revision of 1956 the constitution was changed to accommodate the full independence of Indonesia. The number of Second Chamber members was brought up to 150, of First Chamber members to 75.

The revision of 1963 accommodated the loss of Dutch New Guinea to Indonesia. The voting age was lowered from 23 to 21. Dutch New Guinea was a common name of western New Guinea while it was a colonial possession of the Netherlands. ... A voting age is a minimum age established by law that a person must attain in order to be eligible to vote in a public election. ...

In 1972 there was a minor revision; the main change was a lowering of the voting age to 18.

In 1983 the constitution was almost entirely rewritten. Many articles were abolished. Social rights were included, most articles were reformulated (the main exception being article 23 about the still sensitive freedom of education) using a new uniform legal terminology and their sequence was changed. The bill of rights was expanded with a prohibition of discrimination, a prohibition of the death penalty, a general freedom of expression, the freedom of demonstration and a general right to privacy. Year 1983 (MCMLXXXIII) was a common year starting on Saturday (link displays the 1983 Gregorian calendar). ... Social rights refer to what are usually positive rights, which ensure to all people a fair standard of treatment. ... Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ... The right to privacy is a purported human right and an element of various legal traditions which may restrain both government and private party action. ...

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 advisory referendum was rejected by the First Chamber. After a minor revision in 2002, the last changes were made in 2005; a proposal to introduce an elected major was rejected by the First Chamber. Elections Part of the Politics series Politics Portal This box: A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... For album titles with the same name, see 2002 (album). ...

Unwritten constitutional law

Some of the most basic fundamental laws in the Dutch constitutional system are not explicitly expressed in the written Constitution. These include the rule that a cabinet must fall or an individual minister resign if a motion of non-confidence is passed by the Second Chamber; that the King cannot dissolve more than once a Second Chamber because of a conflict over a single political issue; that the ministerial responsibility extends to even private acts of the King if these have public consequences and that the First Chamber shall never block legislation for mere party politics, so that coalition governments (all Dutch governments since the 19th century) do not need a majority in the First Chamber. ... A coalition government, or coalition cabinet, is a cabinet in parliamentary government in which several parties cooperate. ...

The unwritten laws are most influential when a cabinet is formed; the procedure is not regulated by the Constitution but purely based on tradition. At the eve of the elections the old cabinet offers its resignation to the King, who takes it into consideration; the cabinet is now "demissionary". After the elections the King consults his advisors among which the chairmen of the Second and First Chamber and the vice-president of the Council of State. He then appoints an "Informer" who is informed by the parties which coalitions they would prefer and are willing to enter in — no modern party has ever obtained a majority by itself. On the basis of this information the King then appoints a "Former" who literally forms the government by negotiating an "accord of government" between the coalition parties, describing — always in great detail — the future policy, and the division of the ministries between them; he also invites the candidate ministers and often becomes Prime Minister himself. The King now dismisses the old cabinet and appoints the new one. As Dutch political parties are strongly internally divided, shift alliance easily and are hesitant to commit themselves to any future coalition before the elections, a competent King can often have a decisive personal influence on what coalition is formed. This has raised considerable concerns about the democratic content of the procedure, especially as it normally takes some months to complete (in 1977 seven) and all important political decisions are taken while negotiating the accord in more or less secret discussions outside of Parliament. It has often been proposed to codify the procedure in the constitution and to let the population elect the Prime Minister separately, but this has always been rejected because of the possibility of a simultaneous election of a prime minister and parliamentary majority of an opposite political signature.

In common law systems these rules would not be seen as laws but as mere legal conventions as they cannot be upheld by judges; within the Dutch civil law system however they are part of the more extended Dutch-German legal concept of the Recht, the total "legal" normative structure, be it written or unwritten, so that they have full normative force. Indeed that force is much larger than with written constitutional rules; any breach of the unwritten rules would cause an immediate constitutional crisis. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article or section does not adequately cite its references or sources. ... Civil law has at least three meanings. ... A constitutional crisis is a severe breakdown in the smooth operation of government. ...

Content

Absence of a preamble

Contrary to many others, the Dutch constitution has no preamble stating the sovereignty by which it would be founded or the general principles on which it would be based. This is in line with a long tradition within the Dutch legislative to avoid any explicit reference to ideology or legal doctrine in its written laws. Even the typical terminology of the trias politica is mostly absent: nowhere in the constitution the executive or legislative power is named as such to be explicitly attributed, although of course such an attribution is implicit within the whole of the constitutional system. Look up Preamble in Wiktionary, the free dictionary. ... Sovereignty is the exclusive right to exercise supreme political (e. ... Political Ideologies Part of the Politics series Politics Portal This box: An ideology is an organized collection of ideas. ... Legal Doctrine is a framework, set of rules, or procedural steps, often established through precedence in the common law, through which judgments can be determined in a given legal case. ... Separation of powers is the idea that the powers of a sovereign government should be split between two or more strongly independent entities, preventing any one person or group from gaining too much power. ... A legislature is a governmental deliberative body with the power to adopt laws. ...

Systematics and terminology

Civil law systems are characterised by their emphasis on abstract rules and methodology. Since the Second World War there has been a dominant movement within the Dutch legal community to be fully consequential in this and incorporate the total of case law accumulated during the generations while the old French Code Napoleon derived law books remained basically unchanged, into a completely new set of modern codes. Economy of style, clarity of expression, conceptual coherence and unity of terminology were striven for. The total revision of the Dutch constitution of 1983 is part of this process. Combined with an absence of explicit legal doctrine the result can be deceptive as the simple phrases hide the underlying implicit doctrine. The original Napoleonic Code, or Code Napoléon (originally called the Code civil des francais, or civil code of the French), was the French civil code, established at the behest of Napoléon. ...

Because there is no Constitutional Court testing laws and acts against the constitution, much of the systematics is centered on the problem of delegation. If the legislative were allowed to delegate its powers to the government or to lower decentralised bodies, this would threaten democratic legitimisation and the constitutional protection of the citizen as the latter has no recourse to a Constitutional Court. Therefore delegation is only allowed if articles contain the terms "regulate" or "by force of law"; otherwise it is forbidden. This rule itself however, being legal doctrine, is nowhere explicitly expressed within the written law and can only be learned from the official commission reports and ministerial commentaries accompanying the bill. Delegation is handing a task over to a subordinate. ... Look up bill in Wiktionary, the free dictionary. ...

Chapters

Chapter 1: Basic rights

Chapter 1 is mainly a bill of rights. There is no normative hierarchy indicated by the constitution: in principle all basic rights are equal. Some rights are absolute, most can be limited by parliamentary or "formal" law, many can be limited by delegated limitative powers. They include:

In addition to these classic rights the revision of 1983 introduced a number of social rights. The distinction between the two catagories is not strictly based on any legal doctrine and in fact the social right articles contain many freedom rights. The social rights are: Manifestations Slavery Â· Racial profiling Â· Lynching Hate speech Â· Hate crime Genocide Â· Ethnocide Ethnic cleansing Â· Pogrom Â· Race war Religious persecution Â· Gay bashing The Holocaust Â· Armenian Genocide Blood libel Â· Black Legend Pedophobia Â· Ephebiphobia Movements Discriminatory Aryanism Â· Neo-Nazism Â· Ku Klux Klan National Party (South Africa) American Nazi Party Â· Hate groups Kahanism Â· Supremacism Anti... Wilhelmus Simon Petrus Fortuyn Wilhelmus Simon Petrus (Pim) Fortuyn (pronounced ; officially spelt Fortuijn), (February 19, 1948 â€“ May 6, 2002), was a controversial, openly gay, charismatic[1] right-wing politician in the Netherlands who formed his own party Lijst Pim Fortuyn (List Pim Fortuyn or LPF). ... Leefbaar Nederland (Livable Netherlands) is a political party in the Netherlands, founded on March 21, 1999, by (among others) Jan Nagel and Henk Westbroek, respectively chairpersons of Leefbaar Hilversum and Leefbaar Utrecht. ... Lijst Pim Fortuyn (List Pim Fortuyn) is a political party in the Netherlands. ... This article or section does not cite its references or sources. ... Countries that do (yellow) and do not (red) recognize multiple citizenship. ... The Eighty Years War, or Dutch Revolt from 1568 to 1648 was the secession war in which the proto-Netherlands first became an independent country. ... Flag of the Habsburg Monarchy; also used as the flag of the Austrian Empire until the Ausgleich of 1867. ... The Watergeuzen (or simply Geuzen) were a fleet of privateers during the Eighty Years War, the Low Countries (or Netherlands) rebellion against the Spanish occupation, which began during the reign of Philip II of Spain (in the 1550s). ... Organ donation is the removal of specific tissues of the human body from a person who has recently died, or from a living donor, for the purpose of transplanting or grafting them into other persons. ... Motorola T2288 mobile phone A mobile phone is a portable electronic device which behaves as a normal telephone whilst being able to move over a wide area (compare cordless phone which acts as a telephone only within a limited range). ... // Use of the term The concept of property or ownership has no single or universally accepted definition. ... In common law, habeas corpus (/heÉªbiÉ™s kÉ”É¹pÉ™s/) (Latin: [We command that] you have the body) is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ... The phrase Nulla poena sine lege (Latin: no penalty without a law) refers to the legal principle that one cannot be penalised for doing something that isnt prohibited by law. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ... This article is in need of attention. ... This article does not cite any references or sources. ...

There is also a basic right present that doesn't easily fit within the division of classic and social rights, the: Illegal immigration is the act of moving to or settling in another country or region, temporarily or permanently, in violation of the law or without documents permitting an immigrant to settle in that country. ...

Pillarisation (Verzuiling in Dutch, Pilarisation in French) is a term used to describe the way the Dutch and Belgians used to deal with their multicultural (but not multiethnic) societies. ... Anthroposophy, also called spiritual science, is a spiritual philosophy based on the teachings of Rudolf Steiner,[1] which states that anyone who conscientiously cultivates sense-free thinking can attain experience of and insights into the spiritual world. ... Platonic idealism is the theory that the substantive reality around us is only a reflection of a higher truth. ... Compulsory education is education which children are required by law to receive and governments to provide. ... Primary or elementary education is the first years of formal, structured education that occurs during childhood. ...

Chapter 2: Government

Dutch constitutional doctrine holds that the King and ministers together form the government and this indivisibly, so that the King in any of his public acts always acting under ministerial responsibility is not the Head of Government, but embodies it fully. The King is however head of state and so a special paragraph is dedicated to the King in this quality. The Head of Government is the chief officer of the executive branch of a government, often presiding over a cabinet. ... Queen Elizabeth II, is the Head of State of 16 countries including: the United Kingdom, Canada, Australia, Jamaica, New Zealand and the Bahamas, as well as crown colonies and overseas territories of the United Kingdom. ...

§1: King

Article 24 stipulates that there is kingship and that this kingship is held by William I of the Netherlands and his lawful sucessors. Articles 25 and 26 regulate the succession; since 1985 female successors have equal rights to the throne. Further articles regulate abdication (Article 27); parliamentary approval of royal marriage on penalty of loss of the right to the throne (Art. 28); the exclusion of unfit possible heirs (Art. 29); appointment of a successor if heirs are absent (Art. 30 and 31); the oath and inauguration in the capital of the Netherlands, Amsterdam (Art. 32); the age of royal majority at eighteen (Art. 33); guardianship over a minor King (Art. 34); declaration by Parliament of the King's inability (Art. 35); temporary relinquishment of the exercise of royal authority (Art. 36); regency (Art. 37 and 38); the membership of the Royal House (Art. 39); its payment (Art. 40) and its organisation by the King (Art. 41). King William I of the Netherlands, born William Frederik of Orange-Nassau (The Hague, 24 August 1772 - Berlin, 12 December 1843), was the second King of the Netherlands (the first king was Louis I Napoleon Bonaparte). ... Look up abdication in Wiktionary, the free dictionary. ... An inauguration is a ceremony of formal investiture whereby an individual assumes an office or position of authority or power. ... For other uses, see Netherlands (disambiguation). ... Nickname: Motto: Heldhaftig, Vastberaden, Barmhartig (Valiant, Determined, Compassionate) Location of Amsterdam Coordinates: Country Netherlands Province North Holland Government - Mayor Job Cohen (PvdA) - Aldermen Lodewijk Asscher Hennah Buyne Carolien Gehrels Tjeerd Herrema Maarten van Poelgeest Marijke Vos - Secretary Erik Gerritsen Area [1][2] - City 219 kmÂ² (84. ... Regency may have several meanings: A regency may be a period of time when a regent holds power in the name of the current monarch, or in the name of the Crown itself, if the throne is vacant. ... A Royal House or Dynasty is a sort of family name used by royalty. ...

§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 ministerial responsibility implies there is since the revision of 1848 primarily a political inviolacy. 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. What little of it nevertheless has come to the public attention, shows that the common conception that the kingship since the reign of William III of the Netherlands has in fact been almost fully ceremonial, is not supported by the facts. Often it is assumed that there is a "derived ministerial responsibility" for all members of the Royal House. William III, King of the Netherlands and Grand Duke of Luxembourg (William Alexander Paul Frederick Louis of Orange-Nassau) (Willem Alexander Paul Frederik Lodewijk van Oranje-Nassau, Koning der Nederlanden en Groothertog van Luxemburg in Dutch) (February 19, 1817 â€“ November 23, 1890) was King of the Netherlands and Grand Duke...

The Prime Minister and the ministers are appointed and dismissed by Royal Decree (Article 43). Such decrees are also signed by the Prime Minister himself, who signs his own appointment and those of the others (Article 48). Like the King the Dutch Prime Minister is also not the Head of Government — the Netherlands have none — but he is normally treated that way abroad. 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. 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). Though existing since 1823, this council has only been mentioned since the revision of 1983; its constitutional powers as such are almost nil. The proceedings are secret for a period of fifty years. Outwardly the council acts as if there were complete agreement between all ministers: the so-called "homogeneity". By Royal Decree are appointed secretaries of state (Article 46); these are subordinate to a certain minister who is fully responsible for their acts (Subarticle 2). All laws and Royal Decrees have to be countersigned by the Prime Minister and the responsible minister(s) or secretaries of state (Article 47). The countersign has been mandatory since the revision of 1840. Since 1983 such laws and decrees also have to be affirmed by a signed affirmation; it is usually assumed these acts coincide. 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). A prime minister is the most senior minister of a cabinet in the executive branch of government in a parliamentary system. ... An Order-in-Council is a type of legislation in the United Kingdom and certain Commonwealth countries which is formally made in the name of the Queen (or the Governor-General acting on her behalf) by the Privy Council or the Executive Council the Queen-in-Council or the Governor... The Council of the European Union forms, along with the European Parliament, the legislative arm of the European Union (EU). ... Countersign is a military term for a sign, word, or any other signal previously agreed upon and required to be exchanged between a sentry or guard and anybody approaching his or her post. ...

Chapter 3: States-General

§1: Organisation and composition

Article 50 states that there are States-General and that these represent the whole of the people of the Netherlands. Thus a clear distinction is made to the situation under the confederal Dutch Republic when the States-General represented the provinces. Doctrine holds that the article also entails that political parties have to give priority to the public interest, as opposed to the particular interests of their constituents. According to the parties themselves, this is indeed the case. Article 51 specifies that the States-General consist of a Second Chamber of 150 members and a First Chamber of 75 members — the constitution deliberately mentions the Second Chamber first to emphasize its political primate. Subarticle 4 mentions that both Chambers can gather in an indivisible United Assembly of 225 members, a joint session necessary to perform some acts, such as the appointment of a new King in absence of royal heirs. When in United Assembly the chairman of the First Chamber is chairman of the States-General (Article 62); the Second Chamber has tried to change this in the revision of 1983 but has twice been defeated by the First Chamber defending its privilege. Their duration is four years (Article 52). They are elected on basis of proportional representation (Article 53) and by secret vote (Subarticle 2). The Second Chamber is elected by all Dutch citizens over the age of eighteen (Article 54), except those who have been disqualified by a court sentence as part of their punishment for a crime or those who have been declared incapable by court because of insanity (Subarticle 2). Formal law can limit the right to vote to resident nationals only but presently does not. The First Chamber is elected by the Provincial States (Article 55). Map of Dutch Republic by Joannes Janssonius United Netherlands redirects here. ...

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 incompatabilities 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 England or Germany. The Chambers investigate the Letters of Credence of new members, in this case an written affirmation by the central voting office that they have indeed obtained the necessary number of votes. After the investigation new members swear four oaths: the oath of purification, the oath of allegiance to the Constitution and the oath of loyal discharge of their office are demanded by Article 60; the oath of loyalty to King and Statute is demanded by Article 47 of the Statute of the Kingdom, the higher Constitution of the Realm. All other issues pertaining the elections are regulated by formal law; delegation is possible (Article 59). A Letter of Credence is a formal letter sent by one head of state to another formally accrediting a named individual (usually but not always a diplomat) to be their ambassador in the country of the head of state receiving the letter of credence. ...

Each Chamber appoints its own chairman 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 renumeration 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 Chamber by Royal Decree. Within three months elections have to be held (Subarticle 2). The duration of a new Second Chamber after dissolution is determined by law and not to exceed five years (Subarticle 4). The dissolution only takes effect when the new Chamber 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 Second Chamber 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. In the 20th century such "conflict dissolution" became rare and was replaced by "crisis dissolution" 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 (Prinsjesdag) by the King holding the Speech from the Throne — very appropriate as Tuesday is the day of the Thing. The same day the minister of finance presents the yearly national budget. The sessions of the States-General are public (Article 66), but the session will be secret (In camera) when the Chamber in question so decides (Subarticle 3) which can be proposed by a tenth of the quorum or the chairman, on which proposal the doors are closed immediately for the vote (Subarticle 2). Normally there is a quorum of a half to start a session or to take any decision (Article 67). Decisions are taken by absolute majority (Subarticle 2) and without mandate (Subarticle 3) — a reference to the situation under the Republic when each delegate had to vote on instruction from the nobles or city councils he represented. On demand of a single member the vote must be oral and by roll call; no member may abstain. The Gouden Koets on Prinsjesdag. ... Queen Elizabeth II reads Canadas Speech from the Throne in 1977 The Speech from the Throne (or Throne Speech) is an event in certain monarchies in which the monarch (or a representative) reads a prepared speech to a complete session of parliament, outlining the governments agenda for the... A thing or ting (Old Norse and Icelandic: Ã¾ing; other modern Scandinavian: ting) was the governing assembly in Germanic societies, made up of the free men of the community and presided by lawspeakers. ... The finance minister is a cabinet position in a government. ... In camera (Latin: in chamber) is a legal term meaning in secret. It applies to court cases (or portions thereof) to which the public are not admitted. ... Look up quorum in Wiktionary, the free dictionary. ... Published Monday to Thursday when the United States Congress is in session and Mondays only during recess, Roll Call provides its readers with up-to-the-minute news of the legislative and political maneuvers that happen every day on Capitol Hill. ...

The States-General have an absolute right to information from the government in writing or in person, only constitutionally limited by State interests, such as the national security (Article 68). Doctrine holds that there can also be "natural impediments" justifying that a minister fails in answering questions, such as the circumstance that he simply doesn't know the answer, that he has already answered or that he is about to answer much more completely by issuing a written report on the question. 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. Government members have access to the sessions and can freely partake in the discussions (Article 69); they can also be invited to do so by the Chambers (Subarticle 2). Such an invitation is in fact an order: government members are not at liberty to refuse. They do however have the right to invite any expert to assist them in the discussions (Subarticle 3). All persons partaking in the deliberations of parliament or in the parliamentary commission meetings have legal immunity regarding any communication they made, either in speech or in writing (Article 71). Otherwise the members have no parliamentary immunity. A work in progress by Sarbajit Roy ... Collegiality is the relationship between colleagues. ... Immunity confers a status on a person or body that makes that person or body free from otherwise legal obligations such as, for example, liability for damages or punishment for criminal acts. ... Parliamentary immunity is a system in which members of the parliament are granted partial immunity from prosecution. ...

The States-General have the right of inquiry (Article 70). They can by majority vote empower a commission that in public or secret hearings can investigate any subject. Any person in the Realm is obliged to appear and answer their questions; it is a crime not to obey. This right can be limited by formal law; delegation is possible. Sixteen such inquiries have been held since 1848, one of them, about the events in the Second World War, lasting from 1947 till 1956. Mushroom cloud from the nuclear explosion over Nagasaki rising 18 km into the air. ...

The Chambers 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. Sui generis is a (post) Latin expression, literally meaning a scholar like what pradeep is or unique in its characteristics. ...

Chapter 4: Council of State, General Audit-Office, National Ombudsman and Permanent Advisory Colleges

Chapter 4 covers certain other high state institutions apart from government and parliament. The most important of these is the Council of State (Raad van State). 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). Though officially such comment is merely an advice, it is very rare for law proposals to remain unchanged if the judgment of the Council is negative. The Council is seen as the guardian of legislative quality; no minister can ignore its opinion without the direst effects on his own reputation. Thus the Council in fact codetermines the legislative process. The Council also acts as the highest court for administrative appeal (Subarticle 2 and 3); it thus has the final say on the way the country is actually ruled, though this is limited by the fact such appeals can only be made on formal or procedural grounds. The large influence of the Council is not always appreciated by external and internal observers. 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). The Council is officially presided by the King (Article 74); in view of the ministerial responsibilty he in fact only does so on special occasions: normally the actual chairman is the vice-president of the Council, the "Viceroy of the Netherlands". The probable heir becomes a member of the Council when he reaches the age of eighteen and often does attend the meetings. Law can give other members of the Royal House the right to attend; it in fact determines that they nor the heir have voting powers. 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 competence, organisation and composition of the Council are regulated by law; delegation is possible (Article 75). This competence may exceed the functions indicated in Article 73; in this case no delegation is allowed (Subarticle 2). In the Netherlands, the Council of State is a constitutionally established advisory body to the government which consists of members of the royal family and Crown-appointed members generally having political, commercial, diplomatic, or military experience. ...

The second is the General Audit Office (Algemene Rekenkamer). Its task is to perform financial audits (Article 76). The members are appointed for life by Royal Decree from a shortlist of three, proposed by the Second Chamber (Article 77). They can be dismissed on demand by Decree or when reaching an age determined by law (Subarticle 2); or dismissed by the Supreme Court in certain other cases determined by law (Subarticle 3). Law determines the organisation, composition and competence of the Audit Office (Article 78); delegation is possible; this may exceed the functions indicated by Article 76; in this case no delegation is allowed (Subarticle 2). In fact the Audit Office not only performs financial audits but also "value for money" efficiency analyses; it also reports on the effectiveness of all governmental policy via performance audits. Dutch legal doctrine believes in a clear distinction between efficiency and effectiveness reports and this is reflected in two separate types of investigation carried out. The budget as such is alway officially approved, be it with "comments" when irregularities have been discovered; these then have to be remedied by special law. The effectiveness reports, carried out in great detail, in full independence and without the slightest regard for political sensitivities, have given the Audit Office a large political influence, even more so than the British National Audit Office. bullshit ... The National Audit Office (NAO) is an independent Parliamentary body in the United Kingdom which is responsible for auditing central government departments, government agencies and non-departmental public bodies. ...

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 Second Chamber for a certain period of time, to be determined by law. They are in any case dismissed by the Second Chamber 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 Audit Office. An ombudsman (English plural: ombudsmans or ombudsmen) is an official, usually (but not always) appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens. ...

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 referenda 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. Elections Part of the Politics series Politics Portal This box: A referendum (plural: referendums or referenda) or plebiscite (from Latin plebiscita, originally a decree of the Concilium Plebis) is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. ... The Treaty establishing a Constitution for Europe, commonly referred to as the European Constitution, is an international treaty intended to create a constitution for the European Union. ...

Bills are presented by the King or by the Second Chamber, which thus has the right of initiative (Article 82). Some bills have to be presented by the States-General in United Assembly (subarticle 2). The First Chamber cannot propose law. The ministers can but in fact act through the King who sends a Royal Missive (Article 83), containing the proposal, which is only signed by himself, thus without countersign. The Second Chamber has the right of amendment; government too may amend (Article 84). The First Chamber only can pass or reject laws in full (Article 85), defended by the responsible minister or by the Second Chamber members having taken the initiative to propose the law; however, in practice it can send the proposal back asking for a novelle to be passed by the Second Chamber, in fact an amendment of law. Bills may be withdrawn by the proposer until passed (Article 86), but only by a majority of the Second Chamber if the bill has been presented by some Second Chamber members and has been passed by the Second Chamber. Bills become valid law once they have been passed by Parliament and have been affirmed by the King (Article 87). It is generally assumed that this also fulfills the demand of signature by Article 47. 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. Only after such publication the law has an external binding force (Article 88). initiative, see Initiative (disambiguation). ... Amendment has at least two meanings: An amendment is a formal alteration to any official document or record, typically with the aim of improving it for the better. ...

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 Adminstrative Orders. A doctrinal consensus has developed however that all General Adminstrative 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 rule of law. The Netherlands are home to several International Courts. Doctrine holds that this article also attributes the general right to conclude treaties. Article 91 states that the Kingdom shal not be bound by treaty without prior approval of the States-General, except for those cases where law determines no such approval is necessary. Such approval may be tacit (Subarticle 2). Despite this, if not either a reservation of approval is made on conclusion of the treaty, or the treaty contains an ratification clause, treaties are according to international law binding upon conclusion. The article must thus be seen as imposing a duty upon government to arrange for such reservation or clause. Subarticle 3 determines that if a treaty conflicts with the Constitution, it has to be approved by a two thirds majority of both Chambers. Whether such conflict exisists 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. A special implementation by law of the 1992 Treaty of Maastricht determines that certain European Community decisions having force of treaty have to be approved by Parliament prior to even the conclusion itself. By treaty legislative, administrative and judicial powers may be conferred on organisations established under international law (Article 92). This has been done on many occasions, e.g. on the Benelux, the European Community, the United Nations, the Council of Europe and NATO. The rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. ... The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ... The Maastricht treaty (formally, the Treaty on European Union) was signed on 7 February 1992 in Maastricht between the members of the European Community and entered into force on 1 November 1993. ... The European Community (EC) was originally founded on March 25, 1957 by the signing of the Treaty of Rome under the name of European Economic Community. ... Location of Benelux in Europe Official languages Dutch and French Membership Belgium Netherlands Luxembourg Website http://www. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ... Anthem Ode to Joy (orchestral) ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers official candidate Seat Strasbourg, France Membership 47 European states 6 observers (Council) 3 observers (Assembly) Leaders - Secretary General Terry Davis - Commissioner for Human Rights Establishment - Treaty of London May... NATO 2002 Summit in Prague. ...

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 consititution 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 unintendeed 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 state of war. This approval must be given by the United Assembly (Subarticle 3), as it would be most embarassing if the Second Chamber approved but the First Chamber withheld approval. If the existing war conditions make such an approval impossible it is not required. Indeed the approval has little value in any case: it should be noted the subject of the article is not the classic declaration of war, as such a declaration according to doctrine might constitute a war crime by implying a war of aggression forbidden by international law. It is a simple declarative statement of fact, without legal consequences, that a war situation has come to exist. The doctrine of many other nations makes no such distinction. Article 97 states that a defence force exists to defend the Kingdom and its interests and to maintain and promote the international rule of law; Subarticle 2 determines that the supreme authority over this defence force is exercised by the government; there is thus no constitutional supreme commander. This defence force consists of volunteers and may contain conscripts (Article 98). Since Napoleonic times conscription had been the rule and voluntary service the exception; this has now been inverted to accomodate the creation of a fully professional army in 1997. 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. A provision that has remained unchanged is Article 99, stating that law regulates the exemption of military service for conscientious objectors; delegation is allowed. 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. Delegation is allowed. Government has to inform the States-General about any intended foreign deployment of forces outside of defence treaty obligations, thus to protect the international rule of law and for humanitarian missions (Article 100). In an emergency situation such information can be given after the facts. Both government and parliament tended to present this duty as a kind of implicit approval, as parliament could in principle force government to call off the mission, but the Council of State has made clear this is at least formally not the case. Article 101 has been abrogated in 1995, Article 102 in 2000. Article 103 states that law has to determine in which cases a Royal Decree may declare a state of emergency to maintain external or internal security; delegation is allowed. The powers of lower administrative bodies can be limited; the basic rights expressed in Articles 6,7,8,9, 12 Subarticle 2, 13 and 113 Subarticle 1 and 3 can be infringed upon (Subarticle 2). Royal Decree may end the state of emergency. The States-General decide in United Assembly whether the state of emergency must be maintained, immediately after its declaration and as often as they see fit afterwards (Subarticle 3). A Declaration of War is a formal declaration issued by a national government indicating that a state of war exists between that nation, and one or more others. ... President Franklin D. Roosevelt signs a declaration of war against the Empire of Japan on December 8, 1941, one day after the attack on Pearl Harbor. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ... In international law, a war of aggression is generally considered to be any war for which the purpose is not to repel an invasion, or respond to an attack on the territory of a sovereign nation. ... Supreme Commander - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... Military service is service in an army or other military organisation, whether as a chosen job or as a result of an involuntary draft (conscription). ... John T. Neufeld was a WWI conscientious objector sentenced to 15 years hard labour in the military prison at Leavenworth. ... The old American Civil Defense logo, used today federally only as a historical reminder on FEMAs seal, the triangle emphasises the 3-step Civil Defense philosophy used before the foundation of FEMA and Comprehensive Emergency Management. ... For other uses, see Cold War (disambiguation). ... A state of emergency is a governmental declaration that may suspend certain normal functions of government, may work to alert citizens to alter their normal behaviors, or may order government agencies to implement emergency preparedness plans. ...

Administration of justice

Revision of the constitution

There used to be several additional articles with Roman numbering, however all except articles IX and XIX are now abrogated.

Statute of the Kingdom

The constitution of the Netherlands is only applicable to the territory in Europe. Each of the three countries within the Kingdom of the Netherlands (The Netherlands, The Netherlands Antilles and Aruba) has its own constitution. These constitutions are legally subjected to the Statute of the Kingdom of the Netherlands, which is the constitution of the entire Kingdom. The Statute 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 relation between the three countries has elements of a confederation, as there is no central Parliament of the Kingdom, but also of a federation as 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"; when he is acting in this capacity the council has the status of the Government of the Realm to treat minor issues. Though the Statute 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 Statute. However the Government of the Realm can strike void any law of the Netherlands Antilles and Aruba 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 Statute 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. The Charter for the Kingdom of the Netherlands (in Dutch: Statuut voor het Koninkrijk der Nederlanden; in Papiamentu: Statuut pa e Reino di Hulanda) describes the political relationship between the three different countries that form the Kingdom of the Netherlands: the Netherlands in Europe and the Netherlands Antilles and Aruba... A map showing the unitary states. ...

In 2007 Curaçao will become a separate country also; a constitution is in preparation. Anthem: Himno di KÃ²rsou Capital (and largest city) Willemstad Official languages Dutch Government See Politics of the Netherlands Antilles - Prime Minister of N.A. Emily de Jongh-Elhage - Governor of N.A. Frits Goedgedrag Constitutional monarchy part of the Netherlands Antilles Area - Total 444 kmÂ² 171. ...

Constitution versus other laws

Dutch judges may not test the validity of other laws against the constitution. As a consequence, the Netherlands does not have a Constitutional Court. The reasoning for this is that changes to the law should be made by politicians, since they have a mandate from the people. A Constitutional Court is a high court found in many countries which deals primary with constitutional law. ... Mandate can mean: An obligation handed down by an inter-governmental body; see mandate (international law) The power granted by an electorate; see mandate (politics) A League of Nations mandate To some Christians, an order from God; see mandate (theology) The decision of an appeals court; see mandate (law) The...

International treaties on the other hand may overrule Dutch law, even the constitution, and judges are allowed in most cases to test laws against them. Single European Act A treaty is a binding agreement under international law entered into by actors in international law, namely states and international organizations. ...

Amending the constitution

To amend the constitution, the proposed changes must first be approved by both the Second and the First Chamber of the States-General with a common majority of 50% + one vote. Then parliament must be dissolved and general elections held. After that the proposed changes to the constitution are discussed a second time in both houses of parliament, this time needing a two-thirds majority to approve them. This is intended to give voters a say in the matter. However, the Second Chamber has never been dissolved and elections held specially for a constitutional change. Until 1996 however, the First Chamber was automatically dissolved, whenever elections were held for the Second Chamber and both Chambers had approved of a constitutional change. As the First Chamber is elected by the Provincial States and these themselves were not dissolved, invariably the First Chamber had the same composition before and after its re-election, so this ineffectual rule was abolished. Changes that involve the relations between the countries of the Kingdom must be proposed by a law formulated by the Government of the Realm. The Estates-General (Staten-Generaal) is the parliament of the Netherlands. ...

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Constitution of Europe

Albania · Andorra · Armenia² · Austria · Azerbaijan⁴ · Belarus · Belgium · Bosnia and Herzegovina · Bulgaria · Croatia · Cyprus² · Czech Republic · Denmark · Estonia · Finland · France · Georgia⁴ · Germany · Greece · Hungary · Iceland · Ireland · Italy · Kazakhstan¹ · Latvia · Liechtenstein · Lithuania · Luxembourg · Republic of Macedonia · Malta · Moldova · Monaco · Montenegro · Netherlands · Norway · Poland · Portugal · Romania · Russia¹ · San Marino · Serbia · Slovakia · Slovenia · Spain · Sweden · Switzerland · Turkey¹ · Ukraine · United Kingdom The Treaty establishing a constitution for Europe is a proposed constitutional treaty for the European Union. ... The Constitution of Montenegro was approved by Montenegros Parliament on October 12, 1992. ... The new Constitution of Serbia was approved by a referendum held during two days (october 28 and 29) in Serbia. ...

Dependencies, autonomies, and other territories
Abkhazia⁴ · Adjara² · Akrotiri and Dhekelia · Åland · Azores · Crimea · Faroe Islands · Gibraltar · Guernsey · Jan Mayen · Jersey · Kosovo · Man, Isle of · Nagorno-Karabakh² · Nakhchivan² · Svalbard · Transnistria · Turkish Republic of Northern Cyprus^2, 3 A dependent territory, dependent area or dependency is a territory that does not possess full political independence or sovereignty as a State. ... This article or section does not cite any references or sources. ... Types of administrative and/or political territories include: A legally administered territory, which is a non-sovereign geographic area that has come under the authority of another government. ... The Constitutional Framework is the governing document of Kosovo. ... The current Constitution of Transnistria was approved by national referendum on 24 December 1995, and signed into law by the President of Transnistria on 17 January 1996. ... This page is a candidate to be moved to Wikisource. ...

¹ Has significant territory in Asia. ² Entirely in West Asia, but considered European for cultural, political and historical reasons. ³ Only recognised by Turkey. ⁴ Partially or entirely in Asia, depending on the definition of the border between Europe and Asia. A transcontinental country is a country belonging to more than one continent. ... World map showing the location of Asia. ... A map showing Southwest Asia - The term Middle East is more often used to refer to both Southwest Asia and some North African countries Southwest Asia, or West Asia, is the southwestern part of Asia. ...

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