Democracy and the rule of law in the Netherlands

Democracy and the rule of law are the foundation

Democracy based on the rule of law is the foundation of the Dutch way of life. The people elect their representatives, for example as members of the House of Representatives or municipal councils. These representatives then adopt laws and rules. Politicians are accountable to voters. And a free press watches over how the authorities use their power.

There are also laws and rules that protect people’s rights and freedoms, and put limits on the power of government. This means that people have important fundamental rights, which the government cannot simply restrict in any way that it wants. 

The courts make sure that everyone obeys the rules and laws. And in the Netherlands, the courts are independent of Parliament and the government.

Basic conditions for democracy and the rule of law

The Netherlands is a parliamentary democracy. The people vote in elections for representatives of the political parties they agree with most. There are also other basic conditions for a properly functioning democracy based on the rule of law:

• Free and fair elections
  This means that everyone can decide for themselves who to vote for, using an anonymous ballot paper. And the electoral process is fair. Every eligible Dutch citizen aged 18 years or older can vote in elections for the House of Representatives. 
• Elected representatives
  These are politicians chosen by people living in a country to represent them. In the Netherlands these include members of the House of Representatives and the municipal councils. Any Dutch national aged 18 years or older can be a candidate in the elections.
• Separation of powers
  The legislative branch (parliament and government), the executive branch (the government) and the judicial branch (the courts) work separately. They also scrutinise each other’s work. These checks and balances prevent too much power being held by a small group of people.  
• Political equality for everyone
  All citizens have equal rights and responsibilities. The government must treat everyone equally. 
• A constitution
  A constitution, international treaties and national laws determine how people live together in society. It is vital in a democracy that both the authorities and ordinary people obey the law. 
• Protecting civil liberties
  In a democracy, freedom of expression and freedom of association are crucial. A country’s authorities may not restrict these freedoms. This does not mean that people can just say anything they want, however. The independent courts decide on where the line should be drawn. 
• Civil society
  Interest groups such as non-governmental organisations (NGOs) and trade unions play an important role in a democracy. They represent large groups of individuals and give them a voice. 
• Media freedom
  A democracy cannot survive without a free media. Because a free media makes sure that people can obtain information about what is going on, for example in politics. The media must do its work as independently as possible, without being dependent on politicians or interest groups.

Why democracy and the rule of law are important

Democracy and the rule of law are in everyone’s interests because they protect people from one another and from abuse of power by government. In a democracy based on the rule of law, everyone must obey the country’s rules and laws. People’s fundamental rights may not be restricted for no reason. 

Without democracy and the rule of law, for example, government could breach people’s privacy whenever it wanted. Or treat one group better than another. Or restrict freedom of expression.

When democracy and the rule of law are not protected, one person or one group can end up having all the power. And that means that many other people’s rights and freedoms will be restricted. That is a sign that people are living under a dictatorship, not in a democracy.