What is the difference between common and civil Law?
Common law system such as English and American Law are characterized by case-by-case reasoning,
typical institutions and emphasis on judge made law. Civil law abstract reasoning and emphasis on
statutory law.
Define law.
Body of rules with binding legal force which are prescribed, recognized and enforced by a controlling
authority.
Does the European Community law take precedence over national law and why?
Yes, because European rules are made by supranational bodies, the European Council, Commission and
Parliament, national sovereignty, the power of the national government and Parliament.
Which sources does the Dutch Law Recognise?
Enacted law
Case law
Customary law
Principles of law
What are the Sources of law?
Treaties, Juridical rulings, Statutes, Custom, Principles, Religious texts, Moral believes
Which are not in the Dutch sources of law?
Religious texts, Moral believes
Explain Enacted law.
Means to make into law
1. Treaties (art 90-93)
2. Constitutions
3. Statutes
4. Other regulations by government bodies
Who is the treaty approved by after the Dutch government is party to a treaty?
Approved by the parliament.
What system is the Dutch system and what does it mean?
Monistic system: means the treaties are part of the law automatically.
What is the other system and explain it?
Dualistic system: makes it necessary to transform international rules separately into national law by an
act of law.
, What does the Dutch Constitution prescribe and why?
Dutch Constitution prescribes that only the provisions of treaties are directly addressing to citizens can
be invoked in court (art 93). Because there is complication when an individual citizen wants to appeal to
a treaty before a Dutch court of law.
What is the highest national law in the Netherlands?
The constitution
What does the constitution do?
It grants basic rights to citizens and proved the basis for governmental organizations: it establishes the
independent judiciary, the process of elections, and the different governmental bodies and their rule-
making powers such as the parliament, provinces and municipalities.
How is the bulk of enacted Dutch law formed?
By Acts of Parliament or Statutes.
What is statutes made by?
The government and parliament together. (art 81)
What does the Dutch government aim?
To respect legality
Who has the power to make rules?
The powers to make additional rules are delegated by the statute to other government bodies.
What power do government bodies have?
Independent rule-making powers. (art.127)
Explain the clear hierarchy of sources?
Higher rule precedes the lower. Treaties precede constitutions which proceeds acts of parliament which
proceeds other government regulations. lex superior derogat legi inferiori
Newer rule prevails over earlier rule: lex posterior derogat legi priori
Particular rule prevails over general rule: lex specialis derogat legi generali : art 301 CC, art 41 CC
Are the courts allowed to invalidate a statute?
Although constitution precedes acts of parliament the courts are not allowed to invalidate a statute
because it conflicts with the constitution (art 120 Constitution)
Who is responsible to ensure that acts are in accordance with the constitution?
The democratic parliament
What is the hierarchy of sources: enacted law?
Common law system such as English and American Law are characterized by case-by-case reasoning,
typical institutions and emphasis on judge made law. Civil law abstract reasoning and emphasis on
statutory law.
Define law.
Body of rules with binding legal force which are prescribed, recognized and enforced by a controlling
authority.
Does the European Community law take precedence over national law and why?
Yes, because European rules are made by supranational bodies, the European Council, Commission and
Parliament, national sovereignty, the power of the national government and Parliament.
Which sources does the Dutch Law Recognise?
Enacted law
Case law
Customary law
Principles of law
What are the Sources of law?
Treaties, Juridical rulings, Statutes, Custom, Principles, Religious texts, Moral believes
Which are not in the Dutch sources of law?
Religious texts, Moral believes
Explain Enacted law.
Means to make into law
1. Treaties (art 90-93)
2. Constitutions
3. Statutes
4. Other regulations by government bodies
Who is the treaty approved by after the Dutch government is party to a treaty?
Approved by the parliament.
What system is the Dutch system and what does it mean?
Monistic system: means the treaties are part of the law automatically.
What is the other system and explain it?
Dualistic system: makes it necessary to transform international rules separately into national law by an
act of law.
, What does the Dutch Constitution prescribe and why?
Dutch Constitution prescribes that only the provisions of treaties are directly addressing to citizens can
be invoked in court (art 93). Because there is complication when an individual citizen wants to appeal to
a treaty before a Dutch court of law.
What is the highest national law in the Netherlands?
The constitution
What does the constitution do?
It grants basic rights to citizens and proved the basis for governmental organizations: it establishes the
independent judiciary, the process of elections, and the different governmental bodies and their rule-
making powers such as the parliament, provinces and municipalities.
How is the bulk of enacted Dutch law formed?
By Acts of Parliament or Statutes.
What is statutes made by?
The government and parliament together. (art 81)
What does the Dutch government aim?
To respect legality
Who has the power to make rules?
The powers to make additional rules are delegated by the statute to other government bodies.
What power do government bodies have?
Independent rule-making powers. (art.127)
Explain the clear hierarchy of sources?
Higher rule precedes the lower. Treaties precede constitutions which proceeds acts of parliament which
proceeds other government regulations. lex superior derogat legi inferiori
Newer rule prevails over earlier rule: lex posterior derogat legi priori
Particular rule prevails over general rule: lex specialis derogat legi generali : art 301 CC, art 41 CC
Are the courts allowed to invalidate a statute?
Although constitution precedes acts of parliament the courts are not allowed to invalidate a statute
because it conflicts with the constitution (art 120 Constitution)
Who is responsible to ensure that acts are in accordance with the constitution?
The democratic parliament
What is the hierarchy of sources: enacted law?
