175 Years of the 1848 Constitution, 40 Years of the 1983 Constitution
News item
3 November 2023 marked exactly 175 years since the 1848 Constitution was promulgated. This fact prompted the publication of the volume 'De Grondwet van 1848 tot nu' (Boom 2023). At a symposium on 2 November 2023, the first copy of the volume was handed over to Minister Hugo de Jonge by Ronald Kroeze, one of the final editors and director of the Centre for Parliamentary History (CPG). CPG researcher Alexander van Kessel also contributed by discussing the role of the cabinet formation in the constitution.
The Function of the Constitution Since 1848
The 1848 Constitution is important because, among other things, it regulated ministerial responsibility, gave the House additional means, such as the right of inquiry, and stipulated that members of the House of Representatives were directly elected. This revision thus laid the foundations for parliamentary democracy. In the volume, several scholars shed light on the development history of some of the main topics of the Constitution. It also addresses the question of 'to what extent the Constitution is future-proof'. One of the editors' conclusions - besides Ronald Kroeze, these are Kutsal Yesilkagit and Aalt Willem Heringa - is that over the years, besides consolidating rules and principles, the Constitution's main function has been to remain relevant. This is also essential because this is the only way the values of democracy, rule of law and good governance can remain protected.
Authors and final editors of the volume with Hugo de Jonge (Photographer: Bas Czerwinski)
The Cabinet Formation in the Constitution
Alexander van Kessel, also affiliated with the CPG, discusses cabinet formations in his piece "The 'weak' part in the state system?". Regarding the complicated formation process in which a new government is formed for - if all goes well - four years, the Constitution states that ministers are only appointed and dismissed by the head of state. Van Kessel argues that rather than codifying formation rules, the practice of cabinet formation will benefit from a clarification of existing rules, often based on conventions and traditions.
40 Years of the 1983 Constitution
The volume also covered the 1983 constitutional revision, which will mark its 40th anniversary in 2023. With that revision came a new Article 1 that enshrined the non-discrimination principle, which read in full: 'All who are in the Netherlands shall be treated equally in equal cases. Discrimination because of religion, belief, political affiliation, race, sex or on any other ground is not permitted.' The principle of equality and the role of fundamental rights were discussed in several chapters. Janneke Gerards looked at the more extended history of fundamental rights, Annelien de Dijn looked at fundamental rights as the basis of freedom, and Ashley Terlouw at the principle of equality as balance and symbol. Other contributions looked at constitutional proposals that did not make it (Bert van den Braak), the trust rule (Paul Bovend'eert) and the European influence on the Dutch constitution (Joost Siller and Maarten Stremler), among others.
Symposium 175 Years of the Constitution
The Montesquieu Institute and the Ministry of the Interior and Kingdom Relations organised a symposium to mark the 175th anniversary of the 1848 Constitution on Thursday, 2 November. The Vice-President of the Council of State, Thom de Graaf, opened the day, followed by several speakers. Outgoing Minister Hugo de Jonge also attended the symposium and was handed the very first copy of the volume 'The Constitution from 1848 to now' by Ronald Kroeze, Director of the Centre for Parliamentary History. In his speech after the handover, he further emphasised the importance of the Constitution: 'a document that every citizen has to deal with.'
Handing over constitution collection (Photographer: Bas Czerwinski)
Contact information
For questions or more information about the Constitution Bundle, contact the Centre for Parliamentary History at cpg [at] ru.nl (cpg[at]ru[dot]nl). The volume can be ordered from Boom Publishers.
