On Blasphemy, an Idealistic Constitutional Provision and ‘ Militant Democracy ’ : Constitutional Topics in the Netherlands

European Public Law is an English language journal edited at the Institute of European Public Law at the Law School, Hull University. A forum for the discussion of issues in the development of public law, the journal traces the public law of the Member States as it is shaped by the law of the European Union as well as by the Council of Europe’s European Convention on Human Rights.

European Public Law provides a detailed analysis of constitutional and administrative law at a crucial stage of European integration and legal development. In its articles, authorities in the field investigate the extent to which the separate systems of public law in each Member State are, notwithstanding their distinct historical and cultural backgrounds, developing a European Public Law in tandem with the law of the European Union Treaty. The journal also examines the public law systems of new Member States.

Without neglecting the more traditional concerns of constitutional and administrative law, the journal explores the emerging constitution of the European Union and the interplay between law and politics. It is concerned with the identification, examination and control of public power as public and private become ever more intertwined. Public law is given a wide interpretation, including the structure of government, judicial review, the conduct of regulatory bodies, redress of grievance through ombudsmen and administrative bodies, protection of human rights and protection against discrimination, openness and transparency, fiscal and monetary policy, and the role of regulation in the contemporary state and the European Union.

In short, the journal embraces the operation and control of government and government agencies, regulation of economic and commercial affairs and relationships between the state and individuals.Being a Dutch scholar in comparative constitutional law, it is with great interest and some amazement that I have been observing the British constitutional debate. British EU-membership is of overriding concern to all Member States, 1 but certainly no less important is the UK ’ s approach towards the European Convention of Human Rights. 2 Against this background, constitutional debate in the Netherlands would seem to be a storm in a teacup, if that. Of course, there is the occasional musing on whether or not to change the Constitution, but so far, this seldom leads to real change, or to making the document ‘a better read’. As a matter of fact, many Dutch scholars are rather conservative when it comes to the Constitution: ‘When it is not necessary to change, it is necessary not to change’ seems to be the generally accepted wisdom.

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