The Netherlands

Question 1

General Features

Answer 1

• Unitary State
• Decentralised
• Provinces and municipalities set up by statute art.123DC (12provinces, approximately 390 municipalities)
• Constituat countries are autonomous though
• Constitutional Monarchy

Question 2

Upper Chamber - Elections

Answer 2

1st Chamber :

• 75 members
• The members are elected all at once by all the members of the parliaments of the twelve Dutch provinces
• Each provincial parliamentarian has one vote, which is then multiplied by a factor that is to reflect his province’s population size.
• The factor is established by dividing the province’s population number by a hundred times the number of parliamentarians in that province.

Question 3

Head of State

Answer 3

King :

• Appoint Prime Minister after consultation with the Second Chamber
• Appoint Supreme Court judges for life

Question 4

Lower Chamber - Powers

Answer 4

2nd Chamber :

• Power of initiative (even individually)
• Power of amendment

Question 5

Upper Chamber - Powers

Answer 5

• Veto Power

Question 6

Judicial Review

Answer 6

There isn’t

Question 7

Constitutional Amendments

Answer 7

• 2 readings in both Chambers (simple majority in 1st, 2/3 in 2nd)
• New 2nd chamber before 2nd reading

Question 8

Lower Chamber - Elections

Answer 8

2nd Chamber :

• 150 members
  1. An electoral divisor is established, namely the total number of votes cast nation-wide divided by the total number of available seats in parliament. The divisor represents the number of votes needed to obtain one seat
  2. It is then established how many times the divisor fits into each party’s number of votes
  3. After seats are distributed based on those numbers, some seats remain unassigned. These seats go to the parties that have the highest average number of votes per seat if they had one seat more than they actually have so far
  4. The seats are distributed to each party

Question 9

Legislative Process

Answer 9

1. Power of initiative - Government and 2nd Chamber (even individually)
2. Bills are referred to the Council of State, advisory body
3. Bill can be amended, adopted or rejected by 2nd Chamber (government retains power of amendment until adoption by the 2nd Chamber)
4. Bill is sent to 1st Chamber which votes on it
5. Bill is signed by Kind and Cabinet

Veto power - Cabinet (by not signing it)

Question 10

Motion of confidence

Answer 10

• May be started by any member of the 2nd Chamber, supported by a simple majority
• By custom, ministers resign if they have lost the Parliament’s confidence
• Usually, 2nd Chamber is dissolved too

Question 11

Dualist or monist ?

Answer 11

Monist

Question 12

Court System

Answer 12

• Hierarchy of lower courts
• Highest court is Supreme Court
• Courts can not check constitutionality