The constitution and fundamental rights

18 important questions on The constitution and fundamental rights

What does the word constituation literally mean?

skeletel system: indicating that the constitution functions at bare-bones or basic level.

What is an all-important concept, under a rule of law, alongside equality?

liberty or freedom. The right to free speech fals under this.

What was the forerunner of the constituion, and what did it do for the Netherlands?

The Netherlands received the State Regulation of the Batavian Republic, late eighteenth century, because of influence rench Revolution and occupation. This made the Netherlands a centralised unitary state, after it hadbeen federation of more or less independent states or provinces.
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When did the Netherlands becomme a Constitutional Monarchy?

in 1806 and the first constitution was drwan up in 1814.

When did belgium join and withdraw from the Netherlands?

–1815 = Belgium joined the Netherlands. –1840 = Belgium withdrew.

What happened in 1848?

The statesman Johan Thorbecke succeeded in exacting an important constituional amendment from KingWillem II.

What was the amendment that King Willem II agreed on?

The Government shall be comprised of the King and the Minisers: the Ministers and not the King, shall be responsibe for acts of government. 'ministerial responsibility'

What is census sufrage?

At irst only males who paid direct taxes were allowed to ote.

What are other important changes to the constituion since 1848?

General male franchise in 1917. Furthermore, in addition to schools run by the state, the goverrnment also funded school that were based on certain religious or philosophical concepts. In many other countries, this is not the case.
- In 1922 women also won the right to vote.
- In 1983 a general revision of the constitution took place. Among othr things, the protetion of citizens from dicrimination was added and, for the first time, basic social rights were included, such as the right to social security.

What is the purpose of the constitution?

- to set limits to the power of the state, thereby guaranteeing the freedom of its citizens;
- to set down the fundamental rights of citizens;
- to give a general indication ofhow the most important organs of state are organised (monarch, ministers, parliament, judiciary and others);
- to express the unity of the state and todeclare that the citizens, in spite of all their differences, want to be partof one unified sate and to remain so.

Why are the basic rights set down in random order?

the legislature does not give any particular basic right preendence oer another.

What is a fundamental feature of these basic rights?

They imply a restriction of the government's powers with regard to its citizens, which in effect means that the government has to remain passive and allow the eoople to go their way. When a citizen feels that one of his asic rights ahas been violated, he can go to court.

The basic socil rights state that the government has a duty to see to the welfare of its citizens with regard to:

- employment and free choice of work
- social security and welfare
- quality of life and the environment
- public health and living accommodation
- education

What is the difference between basic rights and basic social rights?

traditional basic rights is that the ogvernment has to take active measures to secure our basic social rights and hat citizens cannot obtain them from the courts.

Why is the chapter thatt regulates the constitutional amendments so important?

Because the constitution is the foundation of the state, there have to be checks put in place that will prevent the amendment of the constituion on the whim of any party that has majority in parliament.

What has to happen to get a constituional amendments?

The have have to go eore parliament twice and have to be passed by a two-thirds majority. Moreoer, a general election has to be held between the two debates on the amendment. These strit requirements for a onstitutional amendment demonstrate the diffence between the constitution and 'ordinary' laws.

When do fundamenla rights work horizontally?

when they concern relationships between ciizens themselves.

When do fundamental rights work vertially?

when we are talking about the relationship between citizens and their government.

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