The lack of the constitutional court – the Dutch phenomenon
Keywords:
constitutionalism, the Netherlands, constitutional court, judicial constitutional reviewAbstract
Peculiarity of Dutch political experiences and tenacious legal culture are derived from the tradition of preservation of the constitution, which is one of the oldest normative acts of this rank in the world. The Netherlands are a state in which the constitutional court was not formed. High standards of democratic state governed by the rule of law are not negated yet. Dutch legal culture is based on the high prestige of the legislative institutions, respect and trust for the quality of the legal system. In the Netherlands consensual and social procedure of enacting law as well as social consultations with various organisations representing interests group have an impact on the existing respect toward law and its moral unity, including constitutional review. Not to forget about the inter-parliamentary control legislation with the constitution.