The revision of the Dutch Constitution
image: Hansjörg Keller on Unsplash
On 17 February 1983, the most recent revision of the Dutch Constitution took effect. Dutch radio programme ‘Villa VdB’ highlighted the 42nd anniversary of that event. The item featured Wim Voermans, Professor of Constitutional and Administative Law.
The Constitution of the Netherlands dates back to 29 March 1814 and is one of the oldest in the world. That Constitution is the foundation of the Dutch rule of law, the basis of its parliamentary democracy and the source of citizens' freedoms - the document matters to every Dutch citizen and everyone should be able to access it. When it approached its 150th anniversary, in 1963, it was noted that the Constitution in force at the time was out of date. It was hard to understand and was a combination of patchwork and gaps, so in dire need of renewal. A team of experts was put to work by Minister Toxopeus to come up with proposals for a modern version. In 1966, this led to the Proeve van een nieuwe Grondwet (suggestion for a new constitution) But this was very much ahead of its time. So in 1967, a strong ‘official’ state committee was set up, The Cals-Donner Committee, which put forward more broadly supported proposals for a completely revised constitution in 1971. From 1973 onwards, the Den Uyl government proceeded with these proposals and set to work. This eventually led to the 1983 general constitutional revision. Although all articles in the Constitution were rearranged and written out in simpler, more modern Dutch, there were not very many substantive innovations. The best-known are the introduction of equal treatment rights and the prohibition of discrimination and some other fundamental rights, with especially the fundamental social rights (mandates for governments to realise certain goals) attracting attention. But 1983 was still mainly a ‘make over’.
The Constitution is and remains important, but it is not always in safe hands.
In the interview, Voermans discusses, for example, how in the Rutte years the Constitution was sometimes seen as having little importance. And there have been other concerns about ‘constitutionality’ in recent years. For example, related to the child benefits scandal and most recently the intention of asylum and migration minister Faber to introduce the asylum emergency law. Voermans also expressed his concerns about the shift of power to the executive, where ministers and secretaries of state are exercising increasing influence, at the expense of parliament and the courts. This undermines the constitutionally enshrined distribution of government powers and the guarantees it provides. Parliament is attempting to halt this shift (e.g. by making greater use of motions, roundtable discussions and the like), but it is only partially succeeding. There are also concerns in the international context. Voermans points to the current situation in the US, where President Trump is undermining the US Constitution through a series of illegal decrees leading to many lawsuits. This could rock the system. ‘The Constitution depends on the respect and commitment of its participants in the public sphere, and certainly that of administrators and politicians.’
More information?
Listen to the NPO1 radio broadcast (in Dutch)