The curious case of the Netherlands - reflections on the question whether the dismantling of democracy and the rule of law can be stopped by courts of law
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| Publication date | 2024 |
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| Book title | Constitutionality of Law Without a Constitutional Court |
| Book subtitle | A View from Europe |
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| Series | Comparative Constitutional Change |
| Chapter | 12 |
| Pages (from-to) | 203-218 |
| Number of pages | 16 |
| Publisher | London: Routledge |
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| Abstract |
The Netherlands Constitution [Grondwet] prohibits courts from reviewing
the compatibility of provisions of acts of parliament with provisions of the Constitution. Article 120 of the Netherlands Constitution provides: No court shall assess the compatibility of acts of Parliament and treaties with the Grondwet [Dutch: grondwettigheid]. Does this prohibition limit the possibilities to stop the dismantling of democracy and the rule of law as we see it happen across the world, and might it very well also occur in the Netherlands, although this is not yet imminent? Answering this question requires, frstly, a recapitulation of the possibilities of courts to engage in constitutional adjudication, and secondly it requires a refection on the possibilities of courts to intervene in favour of democracy under the rule of law. I do this under two headings: can Dutch courts, in the absence of a constitutional court in the traditional European sense, stop a dismantling of democracy and the rule of law? Could any constitutional court stop a dismantling of democracy and the rule of law? |
| Document type | Chapter |
| Language | English |
| Published at | https://doi.org/10.4324/9781003355793-15 |
| Downloads |
10.4324_9781003355793-15_chapterpdf
(Final published version)
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