Constitutional Reform of 1848
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The Constitutional Reform of 1848 (
Dutch Dutch commonly refers to: * Something of, from, or related to the Netherlands * Dutch people () * Dutch language () Dutch may also refer to: Places * Dutch, West Virginia, a community in the United States * Pennsylvania Dutch Country People E ...
: ''Grondwetsherziening van 1848'') laid the basis for the present system of
parliamentary democracy A parliamentary system, or parliamentarian democracy, is a system of democratic governance of a state (or subordinate entity) where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the ...
in the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
. It is often described as the original version of the
Dutch Constitution The Constitution for the Kingdom of the Netherlands ( nl, Grondwet voor het Koninkrijk der Nederlanden) is one of two fundamental documents governing the Kingdom of the Netherlands as well as the fundamental law of the European territory of the ...
that is still in force today. Under pressure from the
Revolutions of 1848 The Revolutions of 1848, known in some countries as the Springtime of the Peoples or the Springtime of Nations, were a series of political upheavals throughout Europe starting in 1848. It remains the most widespread revolutionary wave in Europea ...
in surrounding countries, King William II agreed to several demands of the liberal parliamentary opposition. The
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
obtained much more influence, and was now directly elected (although still by a restricted group of voters within a system of single-winner
electoral district An electoral district, also known as an election district, legislative district, voting district, constituency, riding, ward, division, or (election) precinct is a subdivision of a larger state (a country, administrative region, or other polity ...
s). The reform was in some sense a peaceful
revolution In political science, a revolution (Latin: ''revolutio'', "a turn around") is a fundamental and relatively sudden change in political power and political organization which occurs when the population revolts against the government, typically due ...
, in which liberal politician
Johan Rudolph Thorbecke Johan Rudolph Thorbecke (14 January 1798 – 4 June 1872) was a Dutch liberal statesman, one of the most important Dutch politicians of the 19th century. Thorbecke is best known for heading the commission that drafted the revision of the Consti ...
and King William II played important roles. On 17 March 1848, the king appointed a state commission composed by
Johan Rudolph Thorbecke Johan Rudolph Thorbecke (14 January 1798 – 4 June 1872) was a Dutch liberal statesman, one of the most important Dutch politicians of the 19th century. Thorbecke is best known for heading the commission that drafted the revision of the Consti ...
(leader),
Dirk Donker Curtius Dirk Donker Curtius (19 October 1792 in 's-Hertogenbosch – 17 July 1864 in Spa) was a Dutch politician who served as Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government ag ...
,
Jacobus Mattheüs de Kempenaer Jacobus Mattheüs de Kempenaer (6 July 1793 – 12 February 1870) was a Dutch politician and lawyer who served as Chairman of the Council of Ministers from November 1848 to November 1849. He served as a member of the House of Representatives, c ...
, Lodewijk Caspar Luzac and Lambertus Dominicus Storm to prepare the Constitutional Reform, which was finished on 19 June. The commission's draft formed the basis of the government's proposals. The King and Minister Donker Curtius then made sure that the proposals were accepted by both houses of the States General, both of which still had a
conservative Conservatism is a cultural, social, and political philosophy that seeks to promote and to preserve traditional institutions, practices, and values. The central tenets of conservatism may vary in relation to the culture and civilization i ...
majority. Agreement was reached on 11 October 1848. On 3 November 1848, the new Constitution was proclaimed. The most important changes included: *The introduction of full
ministerial responsibility In Westminster-style governments, individual ministerial responsibility is a constitutional convention that a cabinet minister bears the ultimate responsibility for the actions of their ministry or department. Individual ministerial responsibili ...
, which meant the henceforth the
Ministers Minister may refer to: * Minister (Christianity), a Christian cleric ** Minister (Catholic Church) * Minister (government), a member of government who heads a ministry (government department) ** Minister without portfolio, a member of governme ...
were responsible for the government's policies instead of the
king King is the title given to a male monarch in a variety of contexts. The female equivalent is queen, which title is also given to the consort of a king. *In the context of prehistory, antiquity and contemporary indigenous peoples, the tit ...
, who received
sovereign immunity Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts. A similar, stronger ...
. *The
States-Provincial The provincial council (, PS), also known as the States Provincial, is the provincial parliament and legislative assembly in each of the provinces of the Netherlands. It is elected for each province simultaneously once every four years and has ...
, themselves elected by the voter, appointed by majorities for each province the members of the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
from a select group of upper class citizens. *Parliament was henceforth elected directly by men who met the tax-based property qualifications, and obtained the right to interpellation, the right to hold investigative hearings (''recht van enquête''), and the right to
amend Amend as a verb means to change or modify something, as in: *Constitutional amendment, a change to the constitution of a nation or a state *Amend (motion), a motion to modify a pending main motion in parliamentary procedure Amend as a surname may ...
government bills. *Political and civil rights were expanded with the addition of the
freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
and
freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membe ...
, the
privacy of correspondence __NOTOC__ The secrecy of correspondence (german: Briefgeheimnis, french: secret de la correspondance) or literally translated as secrecy of letters, is a fundamental legal principle enshrined in the constitutions of several European countries. It ...
, freedom of ecclesiastical organisation and the
freedom of education Freedom of education is the right for parents to have their children educated in accordance with their religious and other views, allowing groups to be able to educate children without being impeded by the nation state. Freedom of education is a ...
. The freedom of ecclesiastical organisation enabled the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
to reestablish the episcopal hierarchy in the Netherlands in 1853 (the previous hierarchy had been abolished during the
Eighty Years' War The Eighty Years' War or Dutch Revolt ( nl, Nederlandse Opstand) ( c.1566/1568–1648) was an armed conflict in the Habsburg Netherlands between disparate groups of rebels and the Spanish government. The causes of the war included the Refo ...
). This challenged the perceived notion of the Netherlands being a Protestant nation, but Prime Minister Thorbecke maintained that, based on the
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
and
separation of church and state The separation of church and state is a philosophical and jurisprudential concept for defining political distance in the relationship between religious organizations and the state. Conceptually, the term refers to the creation of a secular sta ...
, the Catholic Church was allowed to reorganise itself on Dutch territory. Conservative Protestants initiated the April Movement in an attempt to prevent it, winning the sympathy of King
William III William III or William the Third may refer to: Kings * William III of Sicily (c. 1186–c. 1198) * William III of England and Ireland or William III of Orange or William II of Scotland (1650–1702) * William III of the Netherlands and Luxembourg ...
. This led to a constitutional crisis and the resignation of the Thorbecke cabinet, because the king had violated the new Constitution that prohibited his interference in political affairs, and the ministers had to take responsibility in his stead.Winkler Prins (1993–2002) s.v. "Aprilbeweging" (in Dutch).


References

{{Authority control Constitutional amendments Dutch political institutions Government of the Netherlands Legal history of the Netherlands Political history of the Netherlands Reform in the Netherlands 1848 documents 1848 in the Netherlands