Constitution of The Netherlands - Statute of The Kingdom

Statute of The Kingdom

The constitution of the Netherlands is only applicable to the territory in Europe and its public bodies of Bonaire, Sint Eustatius and Saba in the Caribbean. Each of the four countries within the Kingdom of the Netherlands (The Netherlands, Aruba, Curaçao and Sint Maarten) 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 Kingdom of the Netherlands is a federacy, where the central government gives considerable autonomy to one part of the country (Aruba, Curaçao and Sint Maarten), but retains control over a large part (European Netherlands). 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". Since 1998 this is the Minister of the Interior and Kingdom Relations; 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 Aruba, Curaçao and Sint Maarten 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.


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