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AubyvsCDNU t1_j4ry6b0 wrote

Reply to comment by motherlover_1 in Dutch Constitution to be amended to ban discrimination based on sexuality or disability by DutchBlob

than what's the point of the bill.......

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CompassionateCedar t1_j4s431i wrote

It was not in the constitution, now it is. It was however in national laws and pretty sure it’s a requirement by Europe.

The only change is that other laws that might lead to discrimination like this can be blocked on constitutional grounds if anyone tries to pass them.

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[deleted] t1_j4sl0pq wrote

The Dutch constitution specifies in article 120 that courts cannot test for constitutionality of laws. Whether a bill aligns with the constitution is very much a political decision made by the Dutch Senate itself. Instead, courts can test whether laws align with international treaties we signed, such as EU law.

The motivation of this constitutional change is also symbolic. The constitution always specified that any discrimination was illegal, but there was support for changing the constitution because parties felt that if it was named explicitly in the constitution, this would be seen as a signal to the relevant communities that they are validated and the parliament values them.

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CompassionateCedar t1_j4sptk1 wrote

Wait what? Then what is the point of a constitution if constitutionality of laws doesn’t apply

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[deleted] t1_j4sxag3 wrote

The Dutch constitution still provides the legal basis for the monarchy, how the democracy is set up, how the Supreme Courts (we have like 4) are selected, and alike. As mentioned, one can’t invoke it in court, but the provisions of the Dutch constitution with respect to how the national institutions functions is followed.

Moreover, many articles in the Dutch constitution also go like “freedom of privacy must be maintained, unless otherwise specified in the law”. It is a constitution that provides a general framework for the national governance and much of Dutch legislation derives from it. For example, article 1 of the Constitution (which is now changed per this article) bans discrimination, which is then transposed into the General Law on Equal Treatment passed by parliament and the Senate.

Theoretically of course, with enough political will the constitution can be ignored, but there is no political will for that whatsoever.

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AubyvsCDNU t1_j4t0rqi wrote

Wait so its. Now. In the Constitution now my disappointment is gone yay

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[deleted] t1_j4t28bp wrote

Technically it was already in the Dutch constitution under “or any other form of discrimination”. Now they wrote it slightly more explicitly to basically signal to disabled people and LGBT folk they are important.

Practically, it doesn’t really change anything, but that was also never the goal

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