The concept of constitution has a different meaning than the concept of constitution. A constitution consists of the set of legal rules on the foundations of the constitutional structure of a state. A distinction can be made between a material and a formal constitution. Every state has a material constitution, but not every state has a formal constitution. A constitution can be rigid or flexible. For example, the Dutch Constitution is rigid, which means that it cannot be easily changed.
- The difference between a constitution and a constitution
- Formal and material constitution
- Material constitution
- Formal constitution
- Rigid and flexible constitution
- The Dutch Constitution
The difference between a constitution and a constitution
The concept of constitution does not mean the same as the concept of constitution . The constitution of a state refers to the set of legal rules on the foundations of the constitutional structure of a state. The constitution is a (written) law with a higher legal character in which a large part of these rules are laid down. Every state has a constitution, but not every state has a constitution.
Formal and material constitution
The word ‘constitution’ is not a synonym for the word ‘constitution’ because the terms have different meanings. When the term constitution is used to indicate a constitution, it is referred to as a formal constitution . The term substantive constitution refers to the laws and unwritten rules and principles that include the basic rules of a state. States that do not have a formal constitution, on the other hand, also have a material constitution. This is because a substantive constitution is part of the law of every state for which the existence of a written constitution is not necessary. A constitution is often part of that constitution, as in the Netherlands. However, there are also countries, such as England and Israel, that do not have a constitution. In these countries the constitution consists only of other laws, rules and principles, which can be either written or unwritten.
Material constitution
The term substantive constitution refers to the set of laws and written and unwritten regulations that contain the basic rules of a state institution. If a country has a material constitution, but not a formal constitution, this means that the country in question lacks a written constitution. Although not every state has a formal constitution, every state does have a material constitution.
Formal constitution
When the term constitution is used to indicate a constitution, it is referred to as a formal constitution . The term formal constitution is used to indicate that a country has a written constitution, as is the case in the Netherlands, for example. An example of a country that does not have a formal constitution is Great Britain: Great Britain does not have a formal constitution, and therefore Great Britain does not have a written constitution. Great Britain, like any state, has a material constitution; Great Britain has a government, a constitutional system that consists of traditions, historically developed relationships, decisions, agreements and laws.
Rigid and flexible constitution
A rigid constitution is a constitution that is difficult to amend, in contrast to a flexible constitution. The higher position of the Dutch Constitution compared to other regulations is evident from, among other things, this stricter revision procedure.
The Dutch Constitution
The written constitution of the Kingdom of the Netherlands is composed of the Statute for the Kingdom of the Netherlands and parts of the Constitution for the Kingdom of the Netherlands. The entire Constitution applies to the country of the Netherlands. In addition, parts of the Constitution also apply to the rest of the Kingdom, such as rules regarding the King. Moreover, the rule of trust is not mentioned in the Dutch Constitution, but it is part of the Dutch constitution. The procedure to amend the Dutch Constitution is described from Article 137 of the Constitution. A prescribed requirement includes acceptance by the House of Representatives in two different compositions (elections have taken place) and adoption in second reading by a two-thirds majority of the Senate and the House of Representatives. Due to the existence of a rigid constitution in the Netherlands, amendments to the Dutch Constitution do not often take place.
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