Viewing a single comment thread. View all comments

CompassionateCedar t1_j4sptk1 wrote

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

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

2

[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.

2

AubyvsCDNU t1_j4t0rqi wrote

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

1

[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

1