On The Constitutionalism Of The Dutch Republic

The documentary"The Rise of the Great Nations"has a philosophical commentary:"the sea always rolls in the most peaceful place. Like the sea, history always creates magic in the most unexpected place."European was generally in personal sovereignty of the absolute monarch in the 16th-17th century. However, the Dutch Republic which lies in the northwest corner of Europe was an exception. By virtue of the constitutionalism, the Dutch Republic first broke the autocratic rule, and opened the era of modern nation-state constitutionalism. In view of the constitutional history of unique historical significance, this article is intended to show how the constitutionalism of the Dutch Republic was.This article is primarily divided into four parts.Part one, the title is"the origin of constitutionalism of the Dutch Republic". First, I detail political history since Roman to the Habsburg times, and the course of founding of the Dutch Republic. Second, the relationship between"The Utrecht Union"and the constitutionalism is the most important rule. The Utrecht Union marks the Netherlands with the establishment of constitutional Government of the Republic.Part two, the title is"the political structure of the constitutional republic". The Dutch Republic could be divided into three levels of town- province-republic. In town, each town is autonomy, and has a Municipal Council, a"Gerecht", a"Pensionaris"and so on. The Municipal Council is the core authority. The"Gerecht"is the most important subsidiary body. The Burgomasters was primarily responsible for the administrative matters of jurisdiction. The Schepenen's power is mainly judicial. The Schout's power is mainly maintaining law and order, the fight against crime and the powers of the public prosecution. The"Pensionaris"acts as the spokesman of legislative proposals etc. In each town, only regents are able to participate in political life, the other are not allowed. In province, each province is autonomy. The provinces generally have a Provincial Council, Court, and"Stadhouder". Provincial Council is the highest authority, has the power of dealing with the overall affairs. The"Stadhouder"is the provision of emergency institutions, and also is the only one who can check and balance the republican. The"Raadpensionaris"is the speaker of the Provincial Council."Gecommitteerde Raden"acts as an executive agency and provincial executive. Province Court deals with appeal in criminal cases and the civil jurisdiction which is sued to provincial courts. The member who can participant in politics is voting towns and nobles. In republic, there are States General, Council of State, and the Chamber of Accounts. There is no court in republic. States General is the most powerful structure. The Council of State is the most important role of legislature and implementing agencies, is mainly responsible for the accounting and financial revenue allocation, public land management, with the province of military, fiscal, judicial jurisdiction over the case, etc. The Chamber of Accounts is the financial department, and is primarily responsible for inter-provincial various financial budget accounting, receives the provinces share of military budgets.Part three, the title is"the internal mechanism of the Dutch Republic". Checks and balance are the most important principle of forming the constitutional government. The Purpose of Checks and balance is to separate powers into some parts, and allows the powers to be controlled by themselves, thus to protect human rights. The main reasons of founding it are: first, the "Alliance" of the founding of the pattern is the direct causes; second, the various political interest respects conflict is the root cause. Checks and balance is composed of the federal system of separation of powers and political rivalries of powers and checks and balances.Part four, the title is"advantages and disadvantages of the constitutionalism in Dutch Republic". Advantages include: first, Deliberative consultation; second, religious tolerance and separation of Church and State. Disadvantages mainly include: first, decentralization is not reasonable: lack of separation of transverse powers and portrait powers; second, democracy and the rule of law is limited.