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

Open Access
Authors
Publication date 2024
Host editors
  • M. Granat
Book title Constitutionality of Law Without a Constitutional Court
Book subtitle A View from Europe
ISBN
  • 9781032410098
  • 9781032410104
ISBN (electronic)
  • 9781003355793
Series Comparative Constitutional Change
Chapter 12
Pages (from-to) 203-218
Number of pages 16
Publisher London: Routledge
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for European Law and Governance (ACELG)
  • Faculty of Law (FdR)
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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