Politics of The Netherlands - Constitution

Constitution

The constitution lists the basic civil and social rights of the Dutch citizens and it describes the position and function of the institutions that have executive, legislative and judiciary power.


It should be noted that the constitution of the Netherlands is only applicable in the European part of the Kingdom of the Netherlands. The Kingdom as a whole has its own Statute, describing its federate political system which also includes the Caribbean islands of Aruba, CuraƧao and Sint Maarten and Caribisch Nederland, the islands Bonaire, Sint Eustatius and Saba.

The Netherlands do not have a Constitutional Court and judges do not have the authority to review laws on their constitutionality. International treaties and the Statute of the Kingdom, however, overrule Dutch law and the constitution and judges are allowed to review laws against these in a particular court case. Furthermore all legislation that is not a law in the strict sense of the word (such as policy guidelines or laws proposed by provincial or municipal government) can be tested on their constitutionality.

Amendments to the constitution must be approved by both Houses of the States-General (Staten Generaal) twice. The first time around, this requires a simple majority of fifty percent plus one vote. After parliament has been dissolved and general elections are held, both Houses must approve the proposed amendments with a two-thirds majority.

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