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On the Constitutionalism of the Dutch Republic

Author: DingPing
Tutor: ChengHanDa
School: Shandong Normal University
Course: Legal History
Keywords: Constitutionalism Federalism Negotiation rule
CLC: D956.3
Type: Master's thesis
Year: 2010
Downloads: 62
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Abstract

Documentary \in the era of absolute monarchist popular European countries have established as the core characteristics of autocratic monarchy 'individual rights. However, the side at the northwest corner of the Netherlands (Netherlands) has a bourgeois revolution against Spanish colonial rule, unexpectedly create a new republic, and constitutes a modern nation with its unique style of the constitutional republic of the United Provinces of national constitutional tide of history Prelude and Overture. In view of the the irreplaceable historical status of the constitutional history of the country in Europe and the world, this paper devoted to the Netherlands United Provinces constitutional republic. The article is divided into four parts. The first part discusses the origin of the Netherlands United Provinces constitutional republic. First of the Netherlands region since ancient times, the Roman era to the political history of the development of the Habsburg reign Netherlands United Provinces of the founding of the Republic of the course. Second, a brief introduction Utrecht alliance, \political operation mode, marking the Netherlands, the United Provinces of the establishment of the constitutional republic. The second part examines the political structure of the Netherlands United Provinces constitutional republic. The political structure of the Republic is divided into municipalities, provinces, the United Provinces of the three levels. The town level, the municipalities in accordance with the tradition of self-government, and a town council, local security group composed by municipal officials, judges and police officers, Municipal Presidents and other institutions. Among them, the town council is the core authority of the town, a comprehensive jurisdiction enjoy political, economic, judicial, and military affairs in the town; local security group composed by municipal officials, judges and police officers Municipal Assembly the jurisdiction of the important functions of the body, municipal officer primarily responsible for the exercise of administrative affairs, the judge in charge of the jurisdiction of the various cases, the police officer responsible for policing and criminal jurisdiction of the Public Prosecution Service; Speaker of the town as a town council meeting organizers, the spokesman and recorder, a lot of power. In the town, the only regent family can participate in political life, ordinary citizens the right to participate in politics. The provincial level, the provinces generally in accordance with the traditional autonomy, a provincial council, the ruling, the provincial Speaker, the Provincial Executive Committee, the Provincial Court and other institutions. The provincial council is the highest authority of the province, enjoy the right to the jurisdiction of the affairs of the province and all important appointments; ruling on the nature of the Republic in response to the external military threat and correct internal Regent's ruling family mistakes and set the emergency institutions; President of the Provincial Assembly responsible for initiating the legal system and policy development initiatives; Provincial Executive Committee is responsible for law enforcement, accounting, financial expenses and raise military spending; Provincial Court to exercise appellate jurisdiction in criminal cases and the parties choose to prosecute to the provincial court in civil cases jurisdiction. The participants in the activities of the provincial political \United provincial level, with the institutions of the Union provincial council, the council of United Provinces, United Provinces of Treasury. No court of the United Provinces of the United Provinces of procedure there will be a small amount of the jurisdiction of the military, financial cases. Which the provincial council is the core authority, jurisdiction of the views of the United Provinces level diplomatic, political, economic, and military affairs; the United Provinces council Auxiliary and the implementing agencies of the United Provinces of the most important parliamentary primarily responsible for the financial and tax accounting and allocation of public land management, military and financial cases in the United Provinces of Judicial Power; provincial finance department is mainly responsible for the United Provinces of the financial revenue and expenditure accounting are charged provinces share of the military budget and the provincial council's report actually paid case. The seven provinces are not entitled to participate in the political activities of the main participants, the commons. The third part analyzes the internal mechanism of the Netherlands United Provinces constitutional republic. The principle of the separation of powers and checks and balances is a Netherlands United Provinces constitutional republic is formed by the fundamental, but also the internal mechanism of the Netherlands United Provinces constitutional republic. The fundamental characteristic of the principle of the separation of powers of the country into parts, and among some of the power to mutual supervision and restriction, so as to limit the power of the state and protection of human rights, the fundamental purpose. Republic of the principle of separation of powers and checks and balances main causes: first, the direct cause of the founding of the \Republic, the separation of powers and checks and balances principles of separation of powers under the federal system of separation of powers checks and balances between checks and balances and political factions. The fourth part analyzes the characteristics and limitations of the Netherlands United Provinces constitutional republic. The main features include: first, has the characteristics of typical political operation mode \The limitations include: First, the separation of powers is unreasonable, performance laterally decentralization and vertical separation of powers uneven; Second, democracy and the rule of law is relatively low content of.

On the Constitutionalism of the Dutch Republic

Abstract

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