constitution as a constitution?
What is peculiar is that our constitution is not constitutional...
In a free and prosperous country like the Netherlands, we know the stories of revolutions in Europe. The vast majority only knows the French revolution, and we know, as the most decisive event for our country, the Second World War. At school it is taught to this day that we have been liberated by, among others, the Americans and that for a few hundred years we have had a solid constitution. However, there is not much left of what was once a “constitution” where the freedom of the people and the will of the people led the course of our country.. “We are liberated but are we in charge of our own country?”
In this time when people are (rightly) afraid of the power and possible abuse of power of our government, we have to ask ourselves what rights actually exist and which are included in the Constitution and which ones are hidden (have disappeared into the background). The “corona” emergency law, how dangerous is it constitutional? What power does the people have over the government?“We can even expect that we are on the verge of a great revolution.”
What is the real basis for our legal system (rule of law) and who is “the boss”?
What can the people do when there is actually a technocratic totalitarian power regime? Where should the line be drawn? And when does the emergency make law?
Questions that should be easily answered, right?
However, unfortunately, it is not so simple. We may even rightly ask ourselves whether we are indeed sovereign. In this blog I try to explain a healthy critical view regarding our constitutional rights, the actual constitution and the semblance Sovereignty of the Netherlands.
Constitution is not a constitution!Immediately one that should make you think!
At school, but even when we study law, we learn about the importance of our constitution. The power, the determining factor for our rule of law. The basis for our democratic government structure. But if the Constitution is not “the” constitution, what is our state structure based on? Just as the US but also the 52 Commonwealth countries (including GB) have a clearly protected “constitution”, the Netherlands also has a “constitution” without most citizens knowing it. That is very good news, because we may need that constitution.
Practical state structure and why it is maintained
Constitution, Constitution or EU legislation? “A free people or a people far from free?”
Our practical state structure. The one adopted as the determining factor for our democratic constitutional state consists of three administrative layers. “Municipalities, Provinces and “the State of the Netherlands”. It is remarkable that both “state” and “kingdom” are used. There is a deeper reason for the difference between these two names because they both originate from a different “constitution” (state structure). (Maybe I'll go deeper into that in another blog). Back to the state structure we find among the municipalities, provinces and state of the Netherlands respectively aldermen, Gedep. States, King/Ministers then include municipal council, provincial states 1st and 2nd chambers. Red: When you delve into the history of the “states” you discover that there is a difference in “The Kingdom of the Netherlands” and the “Dutch state”.
When you then look at the constitution, there are a lot of questions because after all we can ask ourselves what, for example, the largest province (North) Brabant is doing within the “Dutch state”. But more importantly, we discover that with the present structure there is no “sovereignty”. That is why this sovereignty exists only by the grace of the people, which means that we have all “decided” together to form a country with a constitution to which we all adhere. But back to the EU. Because sovereignty doesn't exist. Because we do not have a defining constitution but a 'constitution' to be modelled, the Netherlands is one of the countries which is so easy to govern from the EU. It is therefore easy to explain why we make such huge contributions to the EU and see relatively little about it.
A simple right for turnip, jip & janneke conclusion: As a small country we were vulnerable and to get protection from large nations we have ourselves”sold“.“We officially never got the rights back after the war”. Whether we know it or not whether we agree or not. The real reason for the dismissal of a once powerful “royal sovereignty” had previously to do with the fragmentation of the Kingdom, the states general and the cowardly attitude of the Royal Family prior to and during World War II. No matter how much we think we can find about our royal family, the connection to the people and with the constitution is one that offers much more influence from the population than further losing sovereignty to Brussels.
“Do not make normal what is not normal”
This quote from our King's speech may have a much deeper meaning. To be complete. In my opinion, the speech for whom it wants to hear gives an order to resist. To fight for the freedoms of the Dutch people! Not to succumb to a seizure of power but to stand up for our right to exist as a free Dutch citizen.
Until now, our parliament can democratically elect to leave the EU and opt for its own sovereignty. The risk, however, is that the remaining members of the EU could start to oppose the Netherlands on economic grounds, among other things. Think, for example, of trade agreements, etc. Simply put, we lose some of our international positions when we leave the EU.
How much freedom do we give in as an EU Member State?
But how much more freedom will we give up when we remain a member of the EU and how much of our old 'constitution' will we possibly lose forever if the ever growing EU power holds our Netherlands in its power?
A fight against the state, or use constitution?Whether our government or the current cabinet is the actual aggressor is doubtful. After all, they are driven by a great higher power which exploits the gaps in our democratic system. A fight like an insurrection involving violence is precisely something that can be used against the people. And why should we, when we can show that we have all the power from the actual constitution?!!
In practice, the state structure is based on the constitution which was heavily revised in 1983 because the constitution was under pressure as early as the 60s. Many constitutional “rights” were rightly considered elitist, and so under great pressure, a revised version of the “Constitution for the Kingdom of the Netherlands” was worked on. A constitution which cannot be attributed to constitutional value even after 1983 because it is not in fact a constitution. But what good is our constitution?
In any case, the constitution is not our Constitution, on the basis of which we can invoke rights regarding our freedom as a people, but also influence the incumbent power, the parliament and the enforcement of the law. Indeed, the constitution encompasses considerably more written and unwritten right than what is laid down in the Constitution. In fact!! The constitution even deviates from a significant point of view, and it is therefore the question of what does the Constitution really have in our citizens in 2020, and if we assume that it performs its function well in practice, how much of our legislation is actually the “Constitution for the European Union”. Kingdom of the Netherlands? IPV that for EU Member State Netherlands?
Dude, it'll all be...We didn't have to worry about it for years. Apart from denouncing certain EU rules, we, as good and unaware citizens, have joined the structures that we now know. Not knowing that we as a country and therefore as a nation have long lost our sovereignty. If we now look for a last resort to our freedom, we must look beyond the Civil Code and look beyond the 'Constitution'. Believing in a democracy in which the electoral positions are decisive has lost its credibility. “It doesn't matter what you vote for” “they do what they want”. It is this dissatisfaction that has been fester in our society for many years.
But tolerant and good as we are, we always believe in a “new political sound”. “Saviors” people with vision who would be able to lead our country towards a balanced, fair and legal society. In 2020, how many people still believe that someone will succeed in that mission? After all, our democracy is a false democracy because Brussels has the power...! To what extent can it be tolerated or even practically desirable when the constitution or even European law overruled the constitution? That is why it is important to unleash our country from the great bureaucratic and technocratic EU regime from its own strength.
If we can say that the constitution is not the same as our constitution, what rights do we have beyond what is laid down in the Constitution? A thorough revision of our constitution took place in 1983, and many amendments made at the time provided scope for future European legislation. Whether that has been a conscious move is something I'd like to leave to you to think about. Despite the far-reaching revision in 1983, there is no mention of European union. This is even though the EU has a profound influence on the rule and legislation within our constitutional structure. Or the way in which we, as a democracy, have arranged our legal system and the rule of law. What then gives us a safe ground in terms of “freedom”?
“The constitution frees us”When we say that we no longer live in freedom. When we say that our government is not acting in the interests of the people. If we believe that our rights are in jeopardy, we can invoke the 'constitution'. We can, if necessary, go to the first 'Declaration of Independence' because after that there has never been a new constitution which could be drawn up on the basis of a genuinely legitimate power structure.
Plakkaat of Verlatinghe in modern Dutch
Below is a part of the “Plakkaat van Verlatinghe” which is the only real constitution of the united Dutch people.
It is a basis from which an appeal can be made regarding the reclaiming of our freedom and participation in power from the “government”. It includes many more rights and therefore means of having a democratic influence on the rule of law.
Another discussion is to determine which “nobility”, “regal” enough to govern our country and to actually protect our rights and thereby help the people to live in health and prosperity!
The members of the States-General of the United Netherlands greet all those who will see or hear it read out, and let them know: It is known to everyone that a prince, as a servant of God, is supposed to protect his subjects from all injustice, nuisance and violence, such as a shepherd's protects sheep. The subjects were not created by God to be submissive in all that he commands and to serve him as slaves. The prince reigns by the grace of his subjects and must rule over them with justice and reason, protect and love them as a father loves his children and as a shepherd with heart and soul protects his sheep. If a prince does not fulfill his duties, but, instead of protecting his subjects, tries to oppress them as slaves, then he is not a prince, but a tyrant. In that case, after deliberation in the States General, his nationals may renounce him and elect another leader.
They have this right all the more if they have not been able to heal their sovereign from his tyrannical tendencies by peaceful means. In that case, they have no other means of safeguarding their natural freedom, for which one must work with heart and soul. There are several examples known from other countries and other times.
Particularly in our country, nationals must safeguard their own freedom, since they have always been ruled here by the oath sworn by the monarch upon his entry. The prince is also sworn in under the condition that he is removed from office in case of violation of the oath. The King of Spain inherited the Netherlands after the death of Emperor Charles V. He has not cared about the services that have been proved to him by us. Poor these services he has achieved very praiseworthy victories over his enemy, which have given him a great name throughout the world. He also ignored the emperor's admonitions and, on the other hand, responded to the orders of the Spanish Council.
More than ever, it's important that we realize what's at stake. What rights we can lose and what consequences will have for future generations. Now we can stand up for our rights in (limited) freedom. For example, we can enforce a parliamentary anquette. It is time for the Dutch people to stand up for our freedoms and achievements. Starting with returning to the “normal” 21-06'20 Malieveld, The Hague 13.00 to 17.00h.
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