The Netherlands is a constitutional state, but what exactly is that and why is the Netherlands that way? And how can a rule of law arise and what supports that?
Norms and values
People find norms and values both important, but what is the difference? Standards are rules that everyone should adhere to. Almost everyone agrees on that. For example, you may have to get up for an older person if there is no room left. Values are different for everyone. Everyone thinks differently about it. You can also see it in the word value that is in it. Everyone assigns a different value to something. You may think that you should love your parents, while someone else thinks very differently.
How do norms and values arise? Norms and values arise wherever people live together. Rules and laws are necessary to live together.
The Constitution
The constitution is the basis for all laws. Because everyone, both citizens and the government, must adhere to it, the Netherlands is a state governed by the rule of law. There are four values that form the basis of the rule of law:
- human dignity: a person should not be humiliated
- life: every person has the right to life
- equality: every person is equal before the law
- physical integrity: everyone has control over their entire body
A constitutional state has three important characteristics:
- division of powers: trias politica
- legal protection: protection of the rights of the citizen
- law enforcement: government monopoly on violence
Separation of powers, legal protection and law enforcement are applied in Dutch criminal law. When applying criminal law, you must go through six phases:
- arrest
- interrogation at the police station (maximum six hours)
- transfer to the House of Detention (prison)
- appear in court
- court case
- follow the judge’s ruling
Different legal states
You can divide constitutional states into a left (progressive) side, the middle and a right (conservative) side. On the left the emphasis is more on legal protection and rights and on the right more on law enforcement and obligations. On the left are the libertarian (=freedom) society and the soft rule of law (lots of legal protection). On the right are the totalitarian society (only duties) and the strict rule of law (lots of law enforcement).