Chapter 8: Revision of the Constitution
Chapter 8 governs the procedure for amending the Constitution. The main requirements are that this must take place in two stages and that a supermajority is required at the second stage.
First, the House of Representatives and the Senate must pass an Act declaring that a constitutional amendment will be considered. The House of Representatives is then dissolved and elections are held.
After this, the House of Representatives and the Senate decide on the actual amendment. The Constitution is amended only if the proposal is adopted by a two-thirds majority.
Finally, several articles concern the royal assent, proclamation, entry into force and publication of the amended Constitution, as well as the adaptation of other legislation to the constitutional amendment.
Inhoud
137: First and second reading; splitting of proposals; dissolution of the Chamber
- An Act of Parliament shall be passed stating that an amendment to the Constitution in the form proposed shall be considered.
- The Lower House may divide a Bill presented for this purpose into a number of separate Bills, either upon a proposal presented by or on behalf of the King or otherwise.
- The Lower House elected after the Act of Parliament referred to in the first paragraph has been published shall consider, at second reading, the Bill for the amendment of the Constitution as referred to in the first paragraph. If this Lower House does not decide on the Bill, the Bill will fall by operation of law. As soon as this Lower House has passed the Bill, the Upper House shall consider it at second reading. The Bill shall be passed by both Houses only if at least two-thirds of the votes cast are in favour.
- The Lower House may divide a Bill for the amendment of the Constitution into a number of separate Bills, either upon a proposal presented by or on behalf of the King or otherwise, if at least two-thirds of the votes cast are in favour.
138: Amendment of unchanged provisions
- Before Bills to amend the Constitution which have been given a second reading have been ratified by the King, provisions may be introduced by Act of Parliament whereby:
- the proposals adopted and the unamended provisions of the Constitution are adjusted to each other as required;
- the division into chapters, sections and articles and the headings and numbering thereof are modified.
- A Bill containing provisions as referred to under paragraph 1(a) shall be passed by the two Houses only if at least two-thirds of the votes cast are in favour.
139: Publication; entry into force
Amendments to the Constitution passed by the States General and ratified by the King shall enter into force immediately after they have been published.
140: Enforcement of conflicting regulations
Existing Acts of Parliament and other regulations and decrees which are in conflict with an amendment to the Constitution shall remain in force until provisions are made in accordance with the Constitution.
141: Publication of the text of the revised Constitution
The text of the revised Constitution shall be published by Royal Decree in which the chapters, sections and articles may be renumbered and references to them altered accordingly.
142: Adaptation of the Constitution to the Statute of the Kingdom of the Netherlands
The Constitution may be brought into line with the Charter for the Kingdom of the Netherlands by Act of Parliament. Articles 139, 140 and 141 shall apply mutatis mutandis.