Should the Netherlands adopt a form of constitutional review of Acts of Parliament by the courts, and if so, what type of system?

Words: 341
Pages: 2
Subject: Uncategorized

A well known characteristic of Dutch constitutional law is the fact that the courts are not allowed to test Acts of Parliament against the Constitution: article 120 explicitly forbids constitutional review by the courts. Although there has been an almost continuous legal and political debate on this feature for decades, no progress has been made until now. You are asked to write a report on the issue for the Dutch Minister of the Interior and of Kingdom Relations (Binnenlandse Zaken en Koninkrijksrelaties). Should the Netherlands adopt a form of constitutional review of Acts of Parliament by the courts, and if so, what type of system? Firstly, describe how questions of constitutionality of Acts of Parliament are solved in the Dutch constitutional system. Relate this to the principles of separation of powers and democracy. Secondly, briefly discuss the systems of constitutional review of two countries that could offer inspiration for the question regarding the Dutch system. Explain why you chose these two countries; then elaborate how constitutional review of Acts of Parliament functions in each of those countries. Pay attention to the type of institution (or institutions) that may perform constitutional review, to the question of centralized or decentralized review, to the type of review (abstract or concrete; ex ante or ex post, strong or weak review), and to the question of who may ask the institution(s) to check an Act for constitutionality. Thirdly, advise the Minister on amendment of the Dutch Constitution. Should one of the systems you discussed be adopted? Why? What would the consequences be? Or, alternatively, if you think no change is needed: why not?

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