page_title: Constitution of the Netherlands
section_title: History
hierarchical_section_title: Constitution of the Netherlands / History
caption_attribution_description: Nederlands: Bronzen herdenkingsplaquette (opmerking: Gemaakt voor boek Monumenten voor Oranje en Nassau) English: Bronze plaque commemorating the actions of Willem II der Nederlanden during the Revolutions of 1848.
context_page_description: The Constitution for the Kingdom of the Netherlands is one of two fundamental documents governing the Kingdom of the Netherlands as well as the fundamental law of the European territory of the Kingdom of the Netherlands. It is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy; it is the third oldest constitution still in use worldwide.
  A revision in 1848 instituted a system of parliamentary democracy. In 1983, a major revision of the Constitution of the Netherlands was undertaken, almost fully rewriting the text and adding new civil rights. The text is sober, devoid of legal or political doctrine and includes a bill of rights. It prohibits the judiciary to test laws and treaties against the constitution, as this is considered a prerogative of the legislature. There is no constitutional court in the Netherlands, except for the Constitutional Court of Sint Maarten which only governs the Sint Maarten legislator. The Kingdom of the Netherlands also includes Aruba, Curaçao and Sint Maarten: there is an overarching instrument of the entire kingdom that has constitution characterisics: the Statute of the Kingdom of the Netherlands.
context_section_description: The first constitution of the Netherlands as a whole, in the sense of a fundamental law which applied to all its provinces and cities, 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.
  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.
  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 secede 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 Treaty 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 (consisting of 55 members) 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.
  Regarding the government's political structure the 1815 constitution did not diverge much from the situation during the Republic: the 110 members of House of Representatives (lower house) of the States General, the "Second Chamber" as it is still called, were still appointed by the States-Provincial (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 States-Provincial (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 monarchical, with the king appointing for life the members of the Senate, the "First Chamber", that mockingly was called the Ménagerie du Roi. In 1840, when a new revision was made necessary by the independence of Belgium, a f
caption: A plaque commemorating the actions of William II during 1848.
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