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As far as I understand Wikipedia there is no court comparable to the German Federal Constitutional Court, which could block such a law if it violated the Dutch
by sgift 10y ago
As far as I understand Wikipedia there is no court comparable to the German Federal Constitutional Court, which could block such a law if it violated the Dutch constitution. Is that correct?
- lucb1e 10y agoI know from the American system that a judge can throw laws out that are unconstitutional (e.g. donald (duck)'s ban on people from specific countries), I guess that's what you mean by the German Federal Constitutional Court. I don't think the Dutch system has that.
- pjc50 10y agoThe ECJ is the highest relevant court here; there have been rulings that some kinds of mass surveillance breach human rights, most recently http://hudoc.echr.coe.int/eng?i=001-160020 http://hudoc.echr.coe.int/eng?i=001-160020 (ECHR has much the same role of power limitation in Europe as constitutional law. Germany has additional protections because of its history.)
- rayiner 10y agoIt's mind boggling to me that people in the Netherlands would decide to let some court in Luxembourg overturn its domestic laws.
- gpvos 10y agoThe Netherlands has no constitutional court. However, the First Chamber (Senate) does see checking of laws against the constitution as one of its tasks, and has rejected laws for such reasons in the recent past. Some parties are proposing a constitutional court in their programme for the coming elections.