Constitutional Advice and Signals in the Netherlands: Actors and Impact

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

Abstract

Many issues do raise fundamental questions about the constitutionality of (non)-intervention from the executive and the legislator. In most cases, it is the government who is primarily responsible and best equipped for addressing these issues in first instance, including the compatibility review, assisted by many internal and external advisory bodies or agencies. For many different reasons, additional scientific research or external constitutional advice on a regular basis is often needed. High Councils of State, advisory councils, commissions and committees or international bodies will then be requested to give advice. Special ad hoc commissions or committees are frequently established in order to give such advice equally. Recent political crises and judicial decisions do raise the question whether or not all this constitutional advice does finally make sense, and if not, why continuing or what can be done better? In order to contribute to answering these questions, this chapter will present an overview and categorization of different kinds and ways of constitutional advice and finally makes remarks about its effectiveness. It will conclude, among other things, that (meta) evaluations on the effectiveness and impact of advice shouldbestrengthened. Besides,maintainingtheconstitutionandthustheruleoflaw is not only about institutions and formal legal safeguards, but also about maintaining an enabling environment for the constitution and rule of law through the political culture. Self-restraint in the use of powers might be one of the keys to constitutional success.
Original languageEnglish
Title of host publicationEuropean Yearbook of Constitutional Law 2021
EditorsJurgen de Poorter, Maarten Stremler, Gerhard van der Schyff, Maartje de Visser
Place of PublicationThe Hague
PublisherT.M.C. Asser Press
Chapter4
Pages53-82
Number of pages29
Volume3
ISBN (Electronic)978-94-6265-535-5
ISBN (Print)978-94-6265-534-8
DOIs
Publication statusPublished - Jul-2022

Publication series

NameEuropean Yearbook of Constitutional Law
PublisherAsser Press / Springer
Volume3
ISSN (Print)2405-6111
ISSN (Electronic)2405-612X

Keywords

  • Actors
  • advisory bodies
  • constitution
  • constitutional advice
  • culture
  • evaluation
  • fundamental rights
  • High Councils of State
  • human rights
  • impact
  • legislation
  • rule of law

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