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The Trias Politica is dead. Long live the Banana Republic

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Legislative, executive and judicial powers should be separated in a self-respecting democratic constitutional state.

The French philosopher Baron de Montesquieu devised this system to organize the state in such a way that the three powers can best monitor each other's functioning separately. Only in this way can one of these powers ever prevail. His intention was to prevent oppression by those in power and to guarantee freedom of the people.

How does this system work in the Netherlands?

The legislative power in the Netherlands is not strictly separated from the executive power, because the executive power, the government, also has legislative tasks. The government shares these legislative tasks with the Senate and the House of Representatives. The government is controlled by both the States General and the judiciary.

This judiciary consists of all courts and the Supreme Court, which can operate independently and separately from the other powers. The position of the Public Prosecution Service and the Council of State is not entirely clear, because the Public Prosecution Service can be influenced by the executive branch. In addition, as a judicial body, the Council of State itself has the power to influence the legislative process by issuing advice. We have seen that there can be direct influence in the Wilders process. Although the evidence is lacking, it is very likely that cabinet members have collaborated with the Public Prosecution Service to have Wilders convicted. This is apparent from the behavior of some former ministers who lost essential notes and reports and from their spontaneous memory loss at crucial moments. In doing so, they have greatly embarrassed the Public Prosecution Service, the rule of law and the Dutch people and undermine the Trias Politica.

Nothing was subsequently done with it, not even when Wilders' lawyers clearly showed it, because 'Barbertje had to hang' on behalf of the prime minister himself, who once gave Wilders the guarantee that he and his party would destroy the PVV. As a result, the Netherlands immediately turned into a Banana Republic as you often encounter in Africa, South America and Asia, but there they do not know Baron de Montesquieu as we do in the Netherlands and Europe! The fair administration of justice is no longer self-evident and law faculties and their students should have jumped in immediately and en masse and made themselves heard, even if they might not agree with Wilders politically. But the storm did not come and Prime Minister Rutte's undermining behavior undermining constitutional law has done its devastating work. It ended like a storm in a teacup, and so lawyers have accepted that political interest takes precedence over an individual's right.

The great danger is that things can go from bad to worse and the rule of law is already on a slippery slope. After all, if undermining the Trias Politica the first time has no consequences, it can also end in a fizzle the next time and then the end is missing…

And indeed: the rule of law has now again suffered two serious dents. It has hardly been in the news and the prime minister will certainly have had a hand in that, but appointing two secretaries of state and a minister while the cabinet is resigning, so resigning, is a farce! Linguistically it is already impossible: the King appoints Wiersma, Weyenberg and Yesilgöz-Zegerius as retiring secretaries of state and minister (!) and they become members of a resigned cabinet.

Read this well-translated piece here EJSource and like his post. For more than 10 years he has voluntarily translated important articles on a daily basis.

READ MORE HERE:
At EJBron: Always good translations for decades.

Source:
https://ejbron.wordpress.com/2021/08/23/de-trias-politica-is-dood-lang-leve-de-bananenrepubliek/#more-279660

 


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