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11 - Constitutional Identity in the Netherlands

Sailing with Others

from Part II - Constitutional Identity and Its Member State Law Dimension

Published online by Cambridge University Press:  03 October 2019

By
Ernst Hirsch Ballin
Edited by
Christian Calliess  and
Gerhard van der Schyff
Christian Calliess
Affiliation:
Freie Universität Berlin
Gerhard van der Schyff
Affiliation:
Universiteit van Tilburg, The Netherlands
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Summary

Dutch constitutional identity is not a fixated entity functioning as a constitutional bulwark to shield the Netherlands from European integration, but is rather characterised by an openness to and embeddedness in international and European law. It includes an emphasis on individual rights and autonomy within a culture of compromise and cooperation, based on the idea of all ultimately being in the same boat together. This idea not only applies to the traditional ability of the Dutch to live together peacefully despite differing views on fundamental issues. It also entails that the Dutch constitutional identity should not exist in opposition towards other constitutional identities within the European Union, but that all should move alongside each other, setting sail in the same direction.

Keywords

constitutional identitynational identityKingdom of the NetherlandsEuropean Unionfundamental rightsindividual and shared autonomymutual respect
Type
Chapter
Information
Constitutional Identity in a Europe of Multilevel Constitutionalism , pp. 222 - 242
Publisher: Cambridge University Press
Print publication year: 2019

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