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The Lawspeaker
05-26-2013, 12:24 AM
When we finally have dealt with the immigration problems by means of repatriation of those that:


worked here (plus compensation for their labour, loss off passport and the providing for adequate housing, pensions and healthcare)
those that haven't and that aren't married to or going to marry Dutch citizens (loss off passport, repatriation)
those that have committed crimes (loss off passport, deportation after jail-time)


How should we start to restructure our society because it will be a massive job as we would have to pay less welfare, there would be far less crime and we would actually have some more space to breathe. So with that in mind ? How are we going to rebuild this country and restructure our society (from the ground up).

The Lawspeaker
05-26-2013, 12:58 AM
First of all: I would start with the political system:

The 1848 Constitution is illegal and will thus be rescinded and this means that any law books will have to be rewritten. The temporal valid constitution will be the 1798 Constitution (http://www.liberalemedia.nl/politiek/1403-nederland-is-een-republiek) until all the provisions for the drafting of a new constitution and/or the continuation/abolition of the monarchy have been met.


“Tot op het einde van het jaar 1803 der gemeene Tijdreekening, kan 'er geenerlei verandering in de Staatsregeling gemaakt worden. Met den aanvang van het jaar 1804 zal er eene herziening van dezelve plaats hebben. Tot dat einde, zal werkzaam zijn eene Commissie van Herziening , bestaande uit zooveele Leden, als 'er tagtig duisendtallen Zielen in de Bataafsche Republiek gevonden worden, en gekozen door de Grond- en Districts-Vergaderingen, op den tijd en de wijze, bepaald bij het Reglement, Letter E. Vervolgends, kan 'er, van vijf tot vijf Jaaren, eene nieuwe Herziening der Staatsregeling plaats hebben, op de wijze, bij hetzelfde Reglement vastgesteld.”

There should also be a referendum about the continuation of our UN,EU,NATO-membership and the validity of all international treaties dating back to 1798.

If they are conflicting with our values: we will simply withdraw our support from them as our signature would have been invalid anyway: this means that all treaties that we should keep will have to be signed again. This also means that we will have to draw up new codes of law for every single field as the old ones.. are invalid.

Because of this we will get the opportunity to rebuild the political and social make-up of this country from the ground up. So the following only reflect my own ideas:


The head-of-state (regardless of whether it is a president or a king) should lose all executive powers which should be granted to parliament and the people. The people will vote for burgomasters, the prime minister, the provincial governors (and in the case of a republic: the president) should be elected. Parliament elects it's own (politically neutral) Speaker.
The seperation of powers will become strictly enforced: executive (the Cabinet), the legalistive (parliament) and the judiciary (the courts and the supreme court and the auditing board)
The old Eerste and Tweede Kamer will be scrapped and replaced by a National Assembly (Nationale Vergadering) of 150 elected representatives. When the population falls that number can be adjusted.
The powers that were granted to the Senate will be handed over to a new Supreme Court of the Netherlands (Nederlands Hooggerechtshof) that will check the laws to see whether they are constitutional. Normal courts will also receive that power.
Cabinets or Directoraten will be formed not by carreer politicians but by people who know the job (f.i a high-ranking military officer as Director of Defence) and they will be headed by an elected prime minister (raadpensionaris) and checked by the elected parliament.
The ministeries will be scrapped and reordered into new Agentschappen (Agencies) which should be led by people that know the job (the daily leadership should remain with an appointed secretaris-generaal) and that are appointed by parliament.
The post 1815 provinces and 1798 departmenten will be scrapped and replaced by 11 provinces (Holland, Zeeland, Brabant, Limburg, Gelderland, Utrecht, Overijssel, Flevoland, Drenthe, Groningen en Friesland). The overseas territories will become independent.
All provinces will have an elected government and a governor. However their powers will be curtailed and handed over to the national government (in accordance to the 1798 constitution). The Water Boards (waterschappen) will be integrated into the Department for Infrastructure and the Environment.
The Netherlands will adopt a clause of perpetual neutrality into the new Constitution and therefore resign from the UN, EU, NATO etc.
The Dutch central bank will be nationalised and placed under the control of the Treasury (Agentschap van Financiën) - and thus under parliamentary control.
All treaties that the Netherlands signs will not just be checked by the Supreme Court but also be up for public vote. And this means that the Netherlands will introduce the binding referendum (it will be taken into the Constitution). The right to petition government will also be included.
Much of the same rights that we have now will be included: freedom of speech, freedom of the press, freedom of religion, freedom of association etc.
The Netherlands will also copy the separation of church and state from the 1798 constitution.
All lands and palaces that were in ownership of the Royal Family will become part of a National Trust which should be fused with other organisations that look after our national heritage and be placed under the control of the Agency of Culture, Science and Education.
I would propose that the Polder Model (as it exists today) remains intact and is enshrined into the Constitution because it allows for good balance between employers and employees and for a corporative way of leading the country (a method which has brought a great deal of success).
All those with a Dutch passport may vote after passing a citizenship test (comparable to the civics exams) at the age of 21. Those who refused social & military service will be exempted from the right to vote.
The Hague will be the capital.




(More will follow tomorrow).

The Lawspeaker
05-26-2013, 01:30 AM
On religion;

I follow the general ideas of the 1798 here however.. with a small twist:


19. Elk burger heeft vryheid, om god te dienen naar de overtuiging van zyn hart. De maatschappy verleent ten dezen opzigte aan allen gelyke zekerheid en bescherming, mids de openbaare orde door de wet gevestigd, door hunnen uiterlyken eerdienst nimmer gestoord worde.
20. Geene burgerlyke voordeelen of nadeelen zyn aan de belydenis van eenig kerklyk leerstelsel gehegt.
21. Elk kerkgenootschap zorgt voor het onderhoud van zynen eerdienst, deszelfs bedienaaren en gestigten.
22. De gemeenschaplyke godsdienstoefening word verrigt binnen de daartoe bestemde gebouwen en wel met ontsloten deuren.
23. Niemand zal met eenig ordeskleed of teeken of van een kerklyk genootschap buiten zyn kerkgebouw verschynen.



The freedom of religion should be enshrined within the Constitution
The maintenance of new church buildings without monument value/status falls on the individual religious communities and so does clerical education.
The government will no longer provide the funds for religious education beyond the mandatory classes in public school. Each religious community is in itself responsible for the upkeep of their education system and they should follow the same guidelines that insure quality within the public school system.
The municipality is allowed to use churches and cathedrals with monument status for church services and to organise the sharing of these buildings by various religious communities.
No one should be allowed to wear the signs of his religion in public if he/she is not a priest within a religious organisation (this means that in effect the burqa and headscarf will be banned).
Civil servants are not allowed to wear signs of religious affiliation while at the job.
However the religious service should be done "with the doors unlocked" so people are free to join the service as they so wish.
Each religious community is independent within itself under the old principle of sphere sovereignty (http://en.wikipedia.org/wiki/Sphere_sovereignty).



On immigration and the Dutch nationality:



Dutch nationality can only be conferred through birth to one or more native-born Dutch citizens, or conferred through adoption or marriage. The death of a Dutch spouse does not rob the widow(er) or the nationality. Divorce of the Dutch spouse, however, means the loss of nationality for the foreign spouse unless the divorce has taken place outside the fault of the foreign spouse.
The Netherlands remains relatively open to those that wish to work here, study here and get married here and enjoy our freedoms. The nationality question has been set in the above line.
For foreigners criminal actions will not just lead to prison time but also expulsion. In the case of foreigners that hold a Dutch passport to loss of that passport and expulsion.
Foreigners will be allowed to settle here regardless of the last-earned income of the Dutch partner and accepted into the national community.
The same applies to adopted children. Parents can adopt regardless of their income.