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The Kingdom of the Netherlands

Constantijn A.J.M. Kortmann, Paul P.T. Bovend'Eert

ISBN13: 9789065447128
ISBN: 9065447121
Published: August 1993
Publisher: Kluwer Law International
Format: Paperback
Price: Out of print





An overview of Dutch constitutional law, updated to 1 May 1992. It sketches, in broad outlines, the present Dutch form of government, which has undergone major changes over the last decade, due to the 1983 revision of the constitution and the growing influence of international and supra-national law.;This book was originally published as a monograph in the International Encyclopaedia of Constitutional Law.

Contents:
General introduction: constitutional history; form of government; territory and population.
Part 1 Sources of constitutional law: supra- and international law; the charter and the constitution; organic rules; jurisprudence; other sources of constitutional law; codification, interpretation and hierarchy of legal rules.
Part 2 The state and its subdivisions: the form of state. The federation of the kingdom of the Netherlands - historical development, the organization of the kingdom, the constitutional law of the Dutch antilles and Aruba; decentralised authorities - the organization of the provinces and municipalities, powers, finances, supervision of the provinces and municipalities, the water boards, public industrial organization.
Part 3 Form of government: political parties, additions to the representative system; head of state - the king, legal status, competence; the legislature - the states general, legal status, competence, working; the executive - the government, legal status, competence, working, the role of the administration and administration agencies, the bureaucracy; the judiciary - judicial organization, competence, judicial review; the council of state, the general chamber of audit and the permanent advisory bodies - the council of state, the general chamber of audit, the permanent advisory bodies.
Part 4 Citizenship and the administration of justice: rules concerning nationality and the relevance of nationality; legal position of aliens; fundamental rights and liberties - general, classical fundamental rights, social fundamental rights, international fundamental rights, the specific classical fundamental rights, social and cultural rights; constitutional problems of minorities; judicial control of administrative action - preventive legal protection, curative legal protection, open government and ombudsman.
Part 5 Specific items: war, treaties and powers in foreign affairs; taxing and spending powers; emergency laws; the power of the military; the constitutional relationship between the church and the state. Appendix - text of the constitution (1987).