Constitution of the Netherlands

The Constitution of the Kingdom of the Netherlands of 24 August 1815 (Dutch: Grondwet voor het Koninkrijk der Nederlanden van 24 augustus 1815) is one of two important documents that guide the Kingdom of the Netherlands. It serves as the main rule book for the Netherlands proper, which is the part of the country located in Europe. The Kingdom of the Netherlands also includes Aruba, Curaçao, and Sint Maarten. These areas have their own special rules, known as the Charter for the Kingdom of the Netherlands.

This constitution only applies to the European part of the Netherlands and three special areas in the Caribbean: Bonaire, Sint Eustatius, and Saba. Since 2010, these three places are called special municipalities. The constitution is important because it is one of the oldest still used today, and it sets up a constitutional monarchy and a parliamentary democracy.

The current version of the constitution was rewritten in 1983, and it includes a bill of rights to protect important freedoms. One special feature is that courts in the Netherlands cannot check if laws follow the constitution; this job belongs to the legislature. Unlike some other countries, the Netherlands does not have a constitutional court.

History

The first constitution of the Netherlands was created in 1579, establishing the Dutch Republic. After changes due to French influence, a new constitution was created in 1815 when the Kingdom of the Netherlands was formed. This constitution included basic rights like freedom of religion and the right to a fair trial.

A plaque commemorating the actions of William II during 1848.

In 1848, the constitution was updated to create a more democratic system, allowing direct elections and giving Parliament more power. Over time, voting rights expanded, and the constitution was revised many times. Major changes happened after World War II, including adding new rights and adjusting the government structure. The constitution continues to be updated to reflect modern values and needs.

Main article: Constitutional Reform of 1848

Revision

Changing the constitution of the Netherlands is carefully controlled to make sure it doesn’t happen too easily. First, both parts of the States General—the House of Representatives and the Senate—must agree with the change by a regular majority vote. After that, the same two groups must support the change again with a much bigger majority—two-thirds of their members. This second vote happens after a new election for the House of Representatives, so the people of the Netherlands have a say in whether the constitution is changed.

Content

Systematics and terminology

Civil law systems focus on clear rules and methods. Since the Second World War, Dutch lawyers have worked to organize all past decisions into new, modern codes. The old law books, based on the French Code Napoleon, stayed the same. The goal has been to make the law easy to understand, with consistent terms. The constitution was fully revised in 1983 as part of this effort. Even though the wording is simple, it hides complex ideas because there is no special court to test laws against the constitution.

Without a Constitutional Court, the main issue is how much the government can give power to others. If lawmakers let the government or local bodies make decisions, it could threaten democracy and protect citizens less. So, giving power away is only allowed if the law says "regulate" or "by force of law." This rule isn’t written down, but it’s accepted by legal experts and officials who explain laws.

Chapters

Chapter 1: Basic rights

Chapter 1 lists important rights for everyone. All rights are equal in importance. Some rights cannot be changed, while most can be limited by law. Many rights can also be limited by giving power to others. These rights include:

Equality before the law and prohibition of discrimination. This right can only be limited by law if there’s a good reason.
Nationality, citizenship and right to reside in the country.
Right to be appointed to a public function and to hold multiple nationalities.
The right to vote. This right can be limited by law, but not by giving power to others.
The right of (written) petition. This right cannot be limited by law and has a long history in the Netherlands.
Freedom of religion. This right can be limited by law, and giving power to others is allowed.
Freedom of speech. This includes freedom of the press and freedom to express ideas. Some limits can be set by law, but not by local bodies.
Freedom of association. This right can be limited by law to keep public order, but not by giving power to others.
Freedom of assembly and freedom of demonstration. These rights can be limited by law, and giving power to others is allowed to protect health, traffic, and public order.

These rights were in the original 1815 document, but many more were added in the 20th century.

Right to privacy. This right protects personal integrity and can be limited by law. Giving power to others is allowed for databases.
Inviolence of the (human) body. This right protects against forced medical experiments, punishment, torture, and mutilation. It can be limited by law, and giving power to others is allowed.
Prohibition of unlawful entry of the home. This right is based on the idea that authorities need a legal reason to enter homes. Giving power to others is allowed.
Secrecy of communication. This includes privacy of letters, phone calls, and telegraphs. It can only be broken by a judge’s order and in cases allowed by law. Giving power to others is not allowed.
Prohibition of unlawful expropriation. This means taking property for public use with proper payment. It can be limited in emergencies.
Right to liberty. This right can be limited by law, and giving power to others is allowed. It includes the right to a judge’s review if detained.
Nulla poena sine praevia lege. This means no one can be punished for something that wasn’t a crime before. This rule cannot be limited by law.
Ius de non evocando. This means no one can be kept from going to the right court. This right cannot be limited by law.

The 1983 revision also added social rights, such as the right to legal help, work, welfare, environmental protection, health, housing, culture, and education.

Chapter 2: Government

The King and ministers together form the government. The King is the head of state but always acts with ministerial approval. The King cannot act alone; ministers are responsible for decisions. The Prime Minister and ministers are appointed by the King. They form the Council of Ministers, which meets weekly. Secretaries of state help ministers but are responsible to them.

Chapter 3: States General

The States General represents the people of the Netherlands. It has two parts: the House of Representatives with 150 members and the Senate with 75 members. They are elected for four years. The House of Representatives is elected by Dutch citizens over eighteen, while the Senate is elected by provincial councils.

The States General can question the government, hold inquiries, and decide on laws. They can also dissolve Parliament, leading to new elections.

Chapter 4: Council of State, Court of Audit, National Ombudsman and Permanent Advisory Colleges

The Council of State gives legal advice on new laws and acts as the highest court for administrative appeals. The Court of Audit checks government finances. The National Ombudsman investigates government actions. There are also other advisory bodies.

Chapter 5: Legislation and Administration

Laws are made by the government and the States General together. Bills can be presented by the King or the House of Representatives. The Senate can only pass or reject laws. Laws become official after being signed by the King and published.

The constitution also covers international treaties, national security, financial issues, and the judicial system.

Chapter 6: Administration of justice

The judicial system is regulated by law. Judges are appointed for life and can only be dismissed under certain conditions. The Supreme Court is the highest court and tries members of the States General and ministers for crimes committed in office.

Chapter 7: Provinces, municipalities, water boards and other public bodies

The Netherlands is a decentralized unitary state. Provinces and municipalities have their own powers but must follow national laws. They are governed by elected councils and administrators.

Chapter 8: Amending the constitution

To change the constitution, both houses of the States General must approve the change with a simple majority. Then, the House of Representatives is dissolved, and new elections are held. The changes must be approved again with a two-thirds majority in both houses.

Charter for the Kingdom of the Netherlands

Main article: Charter for the Kingdom of the Netherlands

The Kingdom of the Netherlands includes four countries: the Netherlands, Aruba, Curaçao, and Sint Maarten. Each of these countries has its own constitution, but they all follow the Charter for the Kingdom of the Netherlands. This Charter is like the main rulebook for the whole Kingdom and mostly explains how these countries work together.

The Kingdom is a special kind of union where the central government gives some parts, like Aruba, Curaçao, and Sint Maarten, a lot of freedom, but still keeps control over many important areas, especially in Europe. There are special groups for the whole Kingdom, but they only come together for important events. One Dutch minister is always also the minister for the other countries' affairs. Even though the Charter is very important, there is no way to make sure everyone follows it exactly. The Dutch government can cancel laws from the other countries if they don’t match the Charter. Changing the Charter needs agreement from all the countries in the Kingdom.

General precepts

Main article: Wet Algemene Bepalingen of the Netherlands

The constitution is the main law in the Netherlands, but it is not the only one that includes important rules. There is another law called the Law on general precepts (the Wet Algemene bepalingen) that also has important rules. These rules talk about different things, like which laws apply to people or places, and they say that judges must listen to every case that comes before them.