LAW PART
3 P.M.
≈ 80 minutes
7 Questions
When answering:
- ELABORATE!! EXPLAIN!!
- Be systematic if necessary
- Always mention relevant Art. and Leg.
- Mention conditions of provisions separately and explain per condition if it has been
fulfilled
Latin Phrases - Enacted Law Hierarchy
- Lex posterior derogat lego anterior - new over old
- Lex superior derogat lex inferior - higher over lower
- Lex specialis derogat legi generali - particular over general
Use Reader w Leg. and Dictionary
Week 1 - Introduction
- Sources of Law
- Treaties Article 93 C.
- Conventions, Pacts, Protocols
- International Legislation
- Bilateral or multilateral
- Ratification - formal approval signing that makes official and
legally binding
- Art. 90-93 C.
- Constitution
- Basic human Rights
- Foundation of governmental org.
- Independent Judiciary
- Elections
- Gov. bodies
- Statutes
- From formal legislature - government and parliament together (art. 81 C.)
- From lower auth.
- Order in Council (89 C.)/Royal Decree/ Gov. Reg. - Government
- Regulations - Minister
- Bylaws - Prov. states, Municipal councils, Management of water
boards
- Case Law (unwritten)
, - Rulings of judges
- Stare decisis not formally applicable in NL
- Customary Law
- Usos - custom should be practiced uniformly and constantly by
community
- Opinio necessitatis - regarded as a binding rule
- Mainly supplemental - last resort
- General principles
- Supplemental Law
- Ex. Principle of due caution, of honoring promises, of paying for damages,
freedom of contract
- Morals, Religious Beliefs
- Legal Families (Common, Civil, Sharia… systems)
- Common; Case law have dominant position as
opposed to legislation, based on
decisions/verdicts of courts, originated in 12th
century England
- Civil; Most widespread in world, inspired by
roman law, most central source of law is
legislation/written law
- Customary; customs as most imp. source of law,
established by behaviour (traditions)
- Muslim; (sharia) the Koran - Iran, Saudia Arabia
- Mixed; Mixture of diff types of systems
Week 2 - Constitutional Law
- Organization of Dutch government
- Ducth system of govt. C - 1815
- Parliamentary democracy
- Decentralized unitary state
- Constitutional monarchy (art. 24 C.)
- Generally Binding Regulations are
- General written rule
- Addressed to an indefinite number of people
- Applicable in an indefinite number of cases
- Binding - no deviation possible
- Hierarchy of GBR
1. Teaties - art. 94 C.
2. Charter for Kingdom of NL
3. Constitution
, 4. Acts of parliament
5. Royal Decrees (UK equivalent - Orders in Council)
6. Ministerial regulations
7. Provincial by-laws
8. Municipal by-laws
9. Commodity board by-laws
- Prohibition on const. Review (art. 120 C.)
- Parliament/States General (CH. 3 C.)
- First Chamber (senate) (upper house)(lords)
- 75 members
- Indirect elections
- Proportional representation
- Can only veto
- Second Chamber (lower house) (commons)
- 150 members
- Directly elected
- Proportional representation
- Right to interpellation (art. 68 C.)
- Right to approve and amend budget (art. 105 C.)
- Ministers accountable to parliament, not to king
- Rule of confidence
- Local Democracy
- Provincial + Municipal Councils
- Direct elections
- Proportional representation
- No elected PM, Mayor, Judges, or DA
- No referenda, literature outdated
- Ministerial Resp. (art. 42 C.) - of themselves and the cabinet
- King has no real power (chapter 2 C.)
- Advice, encouragement, propaganda
- Role in forming government after elections
- No constitutional review (120 C.)
- Backdoor principle (94 C.)
- Constitutional Rights and European Human Rights
- Absolute fundamental rights
- Right to submit petition (art 5 C.)
- Prohibition on torture (art 3 ECHR)
- Relative fundamental rights
3 P.M.
≈ 80 minutes
7 Questions
When answering:
- ELABORATE!! EXPLAIN!!
- Be systematic if necessary
- Always mention relevant Art. and Leg.
- Mention conditions of provisions separately and explain per condition if it has been
fulfilled
Latin Phrases - Enacted Law Hierarchy
- Lex posterior derogat lego anterior - new over old
- Lex superior derogat lex inferior - higher over lower
- Lex specialis derogat legi generali - particular over general
Use Reader w Leg. and Dictionary
Week 1 - Introduction
- Sources of Law
- Treaties Article 93 C.
- Conventions, Pacts, Protocols
- International Legislation
- Bilateral or multilateral
- Ratification - formal approval signing that makes official and
legally binding
- Art. 90-93 C.
- Constitution
- Basic human Rights
- Foundation of governmental org.
- Independent Judiciary
- Elections
- Gov. bodies
- Statutes
- From formal legislature - government and parliament together (art. 81 C.)
- From lower auth.
- Order in Council (89 C.)/Royal Decree/ Gov. Reg. - Government
- Regulations - Minister
- Bylaws - Prov. states, Municipal councils, Management of water
boards
- Case Law (unwritten)
, - Rulings of judges
- Stare decisis not formally applicable in NL
- Customary Law
- Usos - custom should be practiced uniformly and constantly by
community
- Opinio necessitatis - regarded as a binding rule
- Mainly supplemental - last resort
- General principles
- Supplemental Law
- Ex. Principle of due caution, of honoring promises, of paying for damages,
freedom of contract
- Morals, Religious Beliefs
- Legal Families (Common, Civil, Sharia… systems)
- Common; Case law have dominant position as
opposed to legislation, based on
decisions/verdicts of courts, originated in 12th
century England
- Civil; Most widespread in world, inspired by
roman law, most central source of law is
legislation/written law
- Customary; customs as most imp. source of law,
established by behaviour (traditions)
- Muslim; (sharia) the Koran - Iran, Saudia Arabia
- Mixed; Mixture of diff types of systems
Week 2 - Constitutional Law
- Organization of Dutch government
- Ducth system of govt. C - 1815
- Parliamentary democracy
- Decentralized unitary state
- Constitutional monarchy (art. 24 C.)
- Generally Binding Regulations are
- General written rule
- Addressed to an indefinite number of people
- Applicable in an indefinite number of cases
- Binding - no deviation possible
- Hierarchy of GBR
1. Teaties - art. 94 C.
2. Charter for Kingdom of NL
3. Constitution
, 4. Acts of parliament
5. Royal Decrees (UK equivalent - Orders in Council)
6. Ministerial regulations
7. Provincial by-laws
8. Municipal by-laws
9. Commodity board by-laws
- Prohibition on const. Review (art. 120 C.)
- Parliament/States General (CH. 3 C.)
- First Chamber (senate) (upper house)(lords)
- 75 members
- Indirect elections
- Proportional representation
- Can only veto
- Second Chamber (lower house) (commons)
- 150 members
- Directly elected
- Proportional representation
- Right to interpellation (art. 68 C.)
- Right to approve and amend budget (art. 105 C.)
- Ministers accountable to parliament, not to king
- Rule of confidence
- Local Democracy
- Provincial + Municipal Councils
- Direct elections
- Proportional representation
- No elected PM, Mayor, Judges, or DA
- No referenda, literature outdated
- Ministerial Resp. (art. 42 C.) - of themselves and the cabinet
- King has no real power (chapter 2 C.)
- Advice, encouragement, propaganda
- Role in forming government after elections
- No constitutional review (120 C.)
- Backdoor principle (94 C.)
- Constitutional Rights and European Human Rights
- Absolute fundamental rights
- Right to submit petition (art 5 C.)
- Prohibition on torture (art 3 ECHR)
- Relative fundamental rights
