Modern constitutionalism and patriotism in the Dutch Constitution of 1798

• Autores: Peter A.J. Van Den Berg
• Localización: Osaka University law review, ISSN 0472-1381, Nº. 59, 2012, págs. 57-76
• Idioma: inglés
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• Resumen

  • Since the end of the eighteenth century, many states have adopted a written constitution as the foundation of their political system. Most of these constitutions include mechanisms designed to protect the individual against the state, such as universal rights and the separation of powers. For that reason, this development can rightly be labelled as the �rise of modern constitutionalism�. Constitutions should not, however, only be associated with the establishment of democracy and limited government. They also have an integrative function, in the sense that they are meant to provide the polity they encompass with an identity. In this way, they also contribute to the process of state and/or nation building. Obviously, there can be some tension between these two aspects of constitutions. In other words, the implementation of the principles of modern constitutionalism might be influenced by the state formative elements of a constitution. The aim of this paper is to explore this tension by describing to what extent the principles of modern constitutionalism were incorporated in Dutch Constitution of 1798. After all, the authors of this Constitution were not only inspired by principles of democracy and limited government, but they were also fierce patriots, determined to restore the Dutch Republic to its former position as a global player.