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198-754: The Constitution of the Netherlands of 1922 had abolished any juridical distinction between the European territories of the Dutch Empire and the former “overseas” or “colonial” territories. Constitutionally, therefore, the Kingdom of the Netherlands was an integral whole consisting of four administrative areas: Under normal conditions, the Crown was charged by the Constitution of the Netherlands with

396-563: A sui generis "legal" status. Chapter 4 covers certain other High Councils of State apart from parliament. The most important of these is the Council of State ( Raad van State ). Any proposal of law in the broadest sense and any proposed treaty is in principle first submitted to the Council of State for legal comment; this can be limited by formal law, which however only does so for trivial cases (Article 73). Though officially such comment

594-481: A novelle to be passed by the House of Representatives, in fact an amendment of law. Bills may be withdrawn by the proposer until passed (Article 86), but only by a majority of the House of Representatives if the bill has been presented by some members of the House of Representatives and has been passed by the House of Representatives. Bills become valid law once they have been passed by Parliament and have been affirmed by

792-510: A (general) executive power, other than that which is attributed to them by special law. Article 50 states that there are States General and that these represent the whole of the people of the Netherlands. Thus a clear distinction is made to the situation under the confederal Dutch Republic when the States General represented the provinces . Doctrine holds that the article also entails that political parties have to give priority to

990-474: A (normal) majority. The proposed revision needs to be subsequently be supported by both chambers with a 2/3 majority, after general elections for the house of representatives (in practice most revision are submitted shortly before planned elections). The general elections and the new house of representatives guarantees citizens can indirectly vote for or against a revision. Civil law systems are characterized by their emphasis on abstract rules and methodology. Since

1188-549: A better price, rather than trading with their fellow countrymen in New Netherland. Additionally, the islands were involved in illegal trade with the Spanish mainland and did not want to switch to legal trade with New Netherland. Stuyvesant needed slaves to strengthen New Amsterdam's defenses, but he mostly received old or sick slaves, called mancarrons , in response to his requests. The better slaves were sold elsewhere to

1386-725: A choice that ultimately led to the downfall of the WIC in 1674. The WIC also gathered information on Spanish treasure fleets. In 1623, the first official fleet of the new WIC, a small squadron of only three ships commanded by Pieter Schouten, set sail for the Caribbean to engage in looting and plundering in the Lesser Antilles and the Yucátan peninsula. It was during this voyage that the Dutch first encountered Aruba . Around 1628 or 1629,

1584-461: A clerk, not from its own members; no officials of the States General may be member of the States (Subarticle 2). Law regulates the remuneration of the members; delegation is possible; such law can only be approved by a two-thirds majority (Article 63). Article 64 states that government can dissolve each House by Royal Decree. Within three months elections have to be held (Subarticle 2). The duration of

1782-598: A complete new chapter was added to facilitate the incorporation of the new state of Indonesia within the Kingdom under the Netherlands-Indonesia Union . Soon it would become irrelevant as Indonesia severed all ties with the Netherlands in 1954. The revision also created the office of secretary of state , a kind of junior minister but one fully subordinate to a certain minister. In 1953 new articles were introduced concerning international relations, as

1980-411: A duty upon government to safeguard by formal law sufficient public access to information regarding governmental activities. Delegation is allowed. The government does not see this as some general "right to public access to information" and this has been the reason not to insert it into Chapter 1, but this interpretation is quite popular in doctrine as the right does even more resemble a freedom right than

2178-477: A dynamic chiefdom with regional trading networks. In 1882 French explorer Alphonse L. Pinart documented an account provided by an old Aruba Indian. According to the Indian's account, witnessed at the former Indian encampment at Saboneta ( Savaneta ), a native female was inhumed in one of the large conical ollas . Her body was doubled up inside the vase, with the head protruding through the orifice. Subsequently,

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2376-440: A general Civil Code and a Penal Code , although certain subject might be covered by special laws. Delegation is allowed but doctrine holds that criminal law (which is seen as a more limited field than general penal law) must be determined by formal law only. This means provinces and municipalities cannot create their own criminal codes and government cannot make a certain act a crime by a Royal Decree not based on formal law. As

2574-403: A general Article 79 founding the establishment of other advisory bodies, the "permanent advisory colleges". The law regulates the organisation, composition and competence of these bodies (Subarticle 2); other competences than mere advisory ones may be attributed by law (Subarticle 3); in both cases delegation is allowed. There used to be a great many of these advisory bodies; after 1996 their number

2772-550: A group referred to as the ABC islands . The Dutch Caribbean encompasses the ABC islands along with the other three substantial islands, the SSS islands . In contrast to much of the Caribbean, which experiences humid tropical climates, Aruba has a dry climate with an arid xeric landscape. The relatively warm and sunny weather persists throughout the year. With a population of 108,166, Aruba

2970-409: A highly developed process of state formation. They had a chiefdom, which in human evolution is often a precursor to a kingdom, where central leaders— paramount chiefs —controlled multiple subordinate political-administrative units. The emphasis was more on the political and religious alliances between indigenous communities than on the military control or subjugate vast territories. At the head of

3168-656: A joint session necessary to perform some acts, such as the appointment of a new King in absence of royal heirs. When in United Assembly the President of the Senate is President of the States General (Article 62); the House of Representatives has tried to change this in the revision of 1983 but has twice been defeated by the Senate defending its privilege. The Houses sit for four years (Article 52). They are elected on basis of proportional representation (Article 53) and by

3366-471: A kind of implicit approval, as parliament could in principle force government to call off the mission, but the Council of State has made clear this is at least formally not the case. Article 101 (mobilisation) has been abrogated in 1995, Article 102 (defence budget and prohibition of billeting ) in 2000. Article 103 states that law has to determine in which cases a Royal Decree may declare a state of emergency to maintain external or internal security; delegation

3564-903: A linguistic classification) is located in the central Amazon region. Between 1500 and 500 BC, the influence of the Arawaks had expanded to the Caribbean Basin and the Guianas . Between 850 and 1000 AD, Caquetío Indians migrated from western Venezuela, probably from the Paraguaná and Guajire peninsulas, to the Leeward Antilles . They belonged to the Arawak-Maipure language family. The name Caquetío refers to how this group referred to themselves during their first contact with Europeans. They had longer and narrower skulls than

3762-493: A minister is not obliged to give information about a subject for which not he is responsible but his colleague . Government members have access to the sessions and can freely partake in the discussions (Article 69); they can also be invited to do so by the Houses (Subarticle 2). Such an invitation is in fact an order: government members are not at liberty to refuse. They do however have the right to invite any expert to assist them in

3960-570: A minor King (Art. 34); declaration by Parliament of the King's inability (Art. 35); temporary relinquishment of the exercise of royal authority (Art. 36); regency (Art. 37 and 38); the membership of the Royal House (in practice mainly consisting of members of the House of Orange ) (Art. 39); its payment (Art. 40) and the organisation of the royal household by the King (Art. 41). Article 42 states

4158-483: A new House of Representatives after dissolution is determined by law and not to exceed five years (Subarticle 4). The dissolution only takes effect when the new House meets, to avoid a period without representation. Dissolution of Parliament was in the 19th century an instrument for government to decide a conflict with the House of Representatives by submitting the issue to the voter. Unwritten law developed between 1866 and 1868 that this should not be done more than once over

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4356-663: A new constitution, the first in the modern formal sense, the Staatsregeling voor het Bataafsche Volk , written by a Constitutional Assembly, went into force, approved by the National Assembly. The Napoleonic Kingdom of Holland , a constitutional monarchy , was established by the Constitutie voor het Koningrijk Holland on 7 August 1806. In 1810 the kingdom was annexed by the French Empire . After

4554-537: A number of men of good standing as electors and these approved the constitution, written by a commission headed by Gijsbert Karel van Hogendorp . On 24 August 1815 William — since 16 March King William I of the Netherlands — having proclaimed himself King of the larger United Netherlands six days earlier, issued the first version of the current constitution, the Grondwet voor het Koningrijk der Nederlanden or Loi fondamentale du Royaume des Pays-Bas , establishing

4752-534: A plan to strengthen the connections between the islands and New Netherland . He believed that the two colonies could support each other: New Netherland would provide food in exchange for slaves from Curaçao, horses from Aruba, and salt from Bonaire. But Stuyvesant did not anticipate the rivalry between the two colonies, which prevented them from working together effectively. The Dutch in Curaçao preferred to sell their goods to other Caribbean islands where they could get

4950-530: A political inviolacy. This means that the King cannot act in a public capacity without ministerial approval: externally the governmental policy is always represented by the responsible minister who, should he feel that the King's personal influence in it threatens to become too predominant, has to resign if he cannot prevent it; what happens internally between King and ministers is the Crown Secret, never to be divulged. What little of it nevertheless has come to

5148-456: A reference to the situation under the Republic when each delegate had to vote on instruction from the nobles or city councils he represented. On demand of a single member the vote must be oral and by roll call ; no member may abstain. The States General have an absolute right to information from the government in writing or in person, only constitutionally limited by State interests, such as

5346-544: A relatively underdeveloped and economically disadvantaged region during this period. The first oil refinery, Lago Oil and Transport Company , in San Nicolas was built in 1924 and a subsidiary of Standard Oil . The refinery on Aruba grew to become one of the largest in the world. In 1927, the Arend Petroleum Company was established to the west of Oranjestad. The refineries processed crude oil from

5544-509: A replacement of now hundred members). Eligibility for the Senate was broadened. Any penal measure not based on formal law was prohibited. In 1917, like in 1848 influenced by the tense international situation, universal manhood suffrage was introduced combined with a system of proportional representation to elect the House of Representatives, the States-Provincial and the municipality councils. The Senate continued to be elected by

5742-451: A reservation of approval is made on conclusion of the treaty, or the treaty contains a ratification clause, treaties are according to international law binding upon conclusion. The article must thus be seen as imposing a duty upon government to arrange for such reservation or clause. Subarticle 3 determines that if a treaty conflicts with the Constitution, it has to be approved by a two-thirds majority of both Houses. Whether such conflict exists

5940-420: A secret ballot (Subarticle 2). The House of Representatives is elected by all Dutch citizens over the age of eighteen (Article 54), except those who have been disqualified by a court sentence as part of their punishment for a crime or those who have been declared incapable by court because of insanity (Subarticle 2). Formal law can limit the right to vote to resident nationals only but presently does not. The Senate

6138-451: A separate Chapter 10; the articles as such remained largely unchanged in 1983, but were finally fully revised in 2000. Article 96 states that a prior approval of the States General is necessary for the government (since 1983 no longer the King) to declare that the Kingdom is in a state of war . This approval must be given by the United Assembly (Subarticle 3), as it would be most embarrassing if

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6336-478: A series of steps as the Crown granted increasing autonomy. In August 1985, Aruba drafted a constitution that was unanimously approved. On 1 January 1986, after the 1985 general election was held for its first parliament, Aruba seceded from the Netherlands Antilles, officially becoming a country of the Kingdom of the Netherlands, with full independence planned for 1996. Croes was seriously injured in

6534-518: A shortlist of three, proposed by the House of Representatives (Article 77). They can be dismissed on demand by Decree or when reaching an age determined by law (Subarticle 2); or dismissed by the Supreme Court in certain other cases determined by law (Subarticle 3). Law determines the organisation, composition and competence of the Court of Audit (Article 78); delegation is possible; this may exceed

6732-417: A smaller urn was placed upside down on the head, and the entire burial was covered with earth. The Caquetío people were buried in clusters, both within and potentially outside village boundaries. At times, there was a secondary burial, possibly reserved for exceptional individuals. In the primary burial, the deceased were buried in a large pot, covered with a smaller pot placed on top. In a secondary burial,

6930-587: A social right. Article 111, the last of this paragraph, stands alone; it determines that formal law shall instate honorary Royal Orders of Knighthood. These are in fact the Order of William , the Order of the Netherlands Lion and the Order of Orange-Nassau . They do not include Royal House Orders, which are the personal prerogative of the King, such the House Order of Orange and the later Order of

7128-599: A stark contrast with the situation in United Kingdom or Germany , but in line with the United States . This principle underlies the political dualism of Dutch politics. The Houses investigate the Letters of Credence of new members, in this case a written affirmation by the central voting office that they have indeed obtained the necessary number of votes. After the investigation new members swear four oaths:

7326-565: A traffic accident in 1985, slipping into a coma. He died in 1986, never seeing the enacting of status aparte for Aruba for which he had worked over many years. After his death, Croes was proclaimed Libertador di Aruba . Croes' successor, Henny Eman of the Aruban People's Party became the first Prime Minister of Aruba . Meanwhile, in 1985, Aruba's oil refinery closed. It had provided Aruba with 30 percent of its real income and 50 percent of government revenue. The significant blow to

7524-527: A vital role in the butter and cheese industry, as well as in preserving food during long voyages. The curing or pickling process for herring was well established during the Middle Ages. After catching the herring, the packers would remove the internal organs, mix them with salt to create a brine, and pack them in barrels along with additional salt. While Zeeland was not heavily involved in fishing, they were renowned for their salt whitening process, which

7722-408: Is a simple declarative statement of fact, without legal consequences, that a war situation has come to exist. The doctrine of many other nations makes no such distinction. Article 97 states that a defence force exists to defend the Kingdom and its interests and to maintain and promote the international rule of law; Subarticle 2 determines that the supreme authority over this defence force is exercised by

7920-406: Is allowed. However, to indicate this must be done hesitantly, parliament insisted on a slightly different terminology: instead of krachtens de wet , the phrase uit kracht van wet was used; both mean "by force of law" or "pursuant to law"; but the second expression puts somewhat more emphasis on the force of the law and thus on the fact all delegation is ultimately derived from law. A yearly budget

8118-631: Is allowed. The powers of lower administrative bodies can be limited; the basic rights expressed in Articles 6,7,8,9, 12 Subarticle 2, 13 and 113 Subarticle 1 and 3 can be infringed upon (Subarticle 2). Royal Decree may end the state of emergency. The States General decide in United Assembly whether the state of emergency must be maintained, immediately after its declaration and as often as they see fit afterwards (Subarticle 3). The third group consists of articles pertaining to financial issues. Imposed taxation must be based on formal law (Article 104). Delegation

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8316-653: Is decided by the States General; article 6 of the lower Rijkswet goedkeuring en bekendmaking verdragen determines that this decision has again to be made by special formal law. A special implementation by law of the 1992 Treaty of Maastricht determines that certain European Community decisions having force of treaty have to be approved by Parliament prior to even the conclusion itself. By treaty legislative, administrative and judicial powers may be conferred on organisations established under international law (Article 92). This has been done on many occasions, e.g. on

8514-483: Is elected by the States Provincial (Article 55). To be eligible to be elected it is necessary to be of Dutch nationality, to be over eighteen in age and not to have been excluded from the right to vote (Article 56); there are also certain incompatibilities of function (Article 57), the most important of which is that a minister not belonging to a demissionary cabinet cannot be a member of the States General,

8712-448: Is exclusively attributed to the judiciary (subarticle 1); formal law can attribute other judicial powers to either the judiciary or other courts; delegation is possible as regards the regulation of the procedures and the implementation of rulings (subarticle 2). Doctrine holds that the competence of the court is determined by the nature of the legal rule on which the plaintiff founds his claim. This implies that even in administrative disputes

8910-407: Is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy ; it is the third oldest constitution still in use worldwide. A revision in 1848 instituted a system of parliamentary democracy . In 1983, the most recent major revision of the Constitution of the Netherlands was undertaken, almost fully rewriting the text and adding new civil rights. The text

9108-403: Is given a constitutional basis by Subarticle 2; delegation is allowed. A provision that has remained unchanged is Article 99, stating that law regulates the exemption of military service for conscientious objectors ; delegation is allowed. In 2000 a new Article 99a was inserted, that law has to regulate civil defence ; the older legal system regulating this issue had been largely abolished since

9306-534: Is home to about one-third of the population of the Dutch Caribbean. As one of the four countries in the Kingdom of the Netherlands, alongside the Netherlands , Curaçao, and Sint Maarten , Aruba shares Dutch nationality with its citizens. Aruba lacks administrative subdivisions but is divided into eight regions for census purposes with Oranjestad as its capital. The name Aruba most likely came from

9504-580: Is known that Christopher Columbus was not searching for a new continent but for the shortest route to India. India had been the spearhead of European trade expansion and the foreign policy of the Spanish Crown since the travels of Marco Polo a century earlier. India, China, and Japan formed the focal point of medieval ideas about boundless riches, cities with houses covered in gold, and islands with inexhaustible amounts of spices, pearls, and silk . The suspicion arose that India could be reached via

9702-425: Is merely an advice, it is very rare for law proposals to remain unchanged if the judgment of the council is negative. The council is seen as the guardian of legislative quality; no minister can ignore its opinion without dire effects on his own reputation. Thus the Council in fact codetermines the legislative process. The council also acts as the highest court for administrative appeal (Subarticle 2 and 3); it thus has

9900-697: Is my duty to restore you to Indonesia”, General Douglas MacArthur declared a month after the capitulation of the Royal Netherlands East Indies Army (KNIL) in Java to Lieutenant Governor-General of the Dutch East Indies Hubertus van Mook . This happened during an interview in Melbourne , April 4, 1942. The first agreement for postwar policy planning in regard to Japan and areas under Japanese control, between

10098-530: Is not the Head of Government , but embodies it fully. The King is , however, head of state , and so a special paragraph is dedicated to the King in this quality. Article 24 stipulates that there is kingship and that this kingship is held by William I of the Netherlands and his lawful successors. Articles 25 and 26 regulate the line of succession to the Dutch throne ; since 1983 female successors have equal rights to

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10296-425: Is officially presided by the King (Article 74); in view of the ministerial responsibility he in fact only does so on special occasions: normally the current chairman is the vice-president of the council, some times by journalists called the "Viceroy of the Netherlands". The probable heir becomes a member of the Council when he reaches the age of eighteen and often does attend the meetings. Law can give other members of

10494-446: Is on Prinsjesdag presented to the States General, its balance sheet approved by the Court of Audit (Article 105). Delegation is not allowed. The budget debates are held by the House of Representatives, with a separate treatment of each departmental budget and of special interdepartmental budgets; since 1971, the Senate immediately approves the budget formally in exchange for full policy debates. Article 106 states that formal law regulates

10692-495: Is possible (Subarticle 4). Aruba Aruba ( / ə ˈ r uː b ə / ə- ROO -bə , Dutch: [aːˈrubaː] or [aːˈrybaː] , Papiamento: [aˈruba] ), officially the Country of Aruba ( Dutch : Land Aruba ; Papiamento : Pais Aruba ), is a constituent country within the Kingdom of the Netherlands , in the southern Caribbean Sea 29 kilometres (18 mi) north of

10890-441: Is reflected in two separate types of investigation carried out. The budget as such is always officially approved, be it with "comments" when irregularities have been discovered; these then have to be remedied by special law. The effectiveness reports, carried out in great detail, in full independence and without the slightest regard for political sensitivities, have given the Court of Audit a large political influence, even more so than

11088-416: Is sober, devoid of legal or political doctrine and includes a bill of rights . It prohibits the judiciary from testing laws and treaties against the constitution, as this is considered a prerogative of the legislature . There is no constitutional court in the Netherlands. The first constitution of the Netherlands as a whole, in the sense of a fundamental law which applied to all its provinces and cities,

11286-699: Is the 1579 constitution, which established the confederal Dutch Republic . The constitution was empowered by the Union of Utrecht , thus by treaty . Article XIII of the treaty granted each inhabitant of the Republic freedom of conscience . After the French invasion of 1794 the Batavian Republic , a unitary state , was proclaimed. On 31 January 1795 it issued a bill of rights , the Verklaring der Rechten van den Mensch en van den Burger . On 1 May 1798

11484-473: Is the duty of government to promote the international rule of law . The Netherlands is home to several International Courts . Doctrine holds that this article also attributes the general right to conclude treaties. Article 91 states that the Kingdom shall not be bound by treaty without prior approval of the States General, except for those cases where law determines no such approval is necessary. Such approval may be tacit (Subarticle 2). Despite this, if not either

11682-441: Is very complex and contradictory, complicated by the fact that the phrase "generally binding nature" is assumed to have exactly the same meaning in both articles. Article 95 states that law regulates the publication of treaties or (binding) decisions of international organisations; delegation is allowed. A second group of articles consists of those pertaining to the national security. Before the revision of 1983 these were combined in

11880-741: The Anglo–Dutch Civil Affairs Agreement was established and the Van Mook–MacArthur Civil Affairs Agreement expired. Constitution of the Netherlands The Constitution of the Kingdom of the Netherlands The Constitution of the Kingdom of the Netherlands of 24 August 1815 ( Dutch : Grondwet voor het Koninkrijk der Nederlanden van 24 augustus 1815 ) is one of two fundamental documents governing

12078-468: The Tierra Firme to secure the Spanish presence. It is believed that de Ojeda and Amerigo Vespucci visited Bonaire and Curaçao, but neither Vespucci nor de Ojeda are thought to have set foot on Aruban soil. He was explicitly forbidden to enslave natives. However, de Ojeda lacked administrative skills and intentions, and he became a controversial figure. De Ojeda established a base named Santa Cruz at

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12276-576: The Americas the myths of the Golden Age , Atlantis , and the earthly paradise moved from Asia to the New World. He died on May 20, 1506, believing that he had found new islands of the coast of or possibly a peninsula of India—pre-islands: Ant-ilha. These Ant-ilhas were inhabited by peoples whom he called "Indians". In 1500, Juan de la Cosa drew the first map of the New World, which depicted

12474-708: The Benelux , the European Community, the United Nations , the Council of Europe and NATO . According to present doctrine, that of " treaty monism ", treaties are in the Dutch legal system in principle self-executing; no special transformation is needed by implementing special law, as in countries with a "dualistic" system (such as the United Kingdom). However, when the present articles covering this subject were last revisioned, in 1953, doctrine

12672-604: The Caquetío Oruba which means "well situated island", seeing as it was the Caquetío who were present on the island when Alonso de Ojeda arrived in the 16th century. Between 1529 and the 1648 Treaty of Westphalia , the name "Isla de Oruba" was used for the island by the Spanish. The island was ceded to the Dutch , and gradually its name was changed to Aruba. There were many different names for Aruba used by other Amerindian groups, all of which could have contributed to

12870-466: The Council of Ministers (Article 45), presided by the Prime Minister (Subarticle 2), which assembles (in fact weekly) to promote the unity of the general governmental policy (Subarticle 3). Though existing since 1823, this council has only been mentioned since the revision of 1983; its constitutional powers as such are almost nil. The proceedings are secret for a period of fifty years. Outwardly

13068-495: The European Constitution ; the Dutch people is thus not a direct lawgiver. Bills are presented by the King or by the House of Representatives, which thus has the right of initiative (Article 82). Some bills have to be presented by the States General in United Assembly (subarticle 2). The Senate cannot propose law. The ministers can but in fact act through the King who sends a Royal Missive (Article 83), containing

13266-694: The Guyanas , Indians taken as prisoners in conflicts were traded, even following peace treaties. Though Indians on Aruba were not officially classified as slaves during the West India Company's rule, oral tradition in Aruba mentioned Amerindian slaves in the early 20th century. Father Paul Brenneker  [ nl ] noted their presence in Curaçao as pseudo-slaves. In 1827, Commander Simon Plats found 51 Amerindians treated as pseudo-slaves by Aruban families. Some were brought by shipowners involved in

13464-525: The Kingdom of the Netherlands as well as the fundamental law of the Netherlands proper (the territory of the Kingdom mainly situated in Europe). The Kingdom of the Netherlands also includes Aruba , Curaçao and Sint Maarten : there is an overarching instrument of the entire kingdom that has constitution characteristics: the Charter for the Kingdom of the Netherlands . Sint Maarten is the only country in

13662-490: The Kingdom of the Netherlands , prompted by the efforts of Henny Eman , a noted Aruban politician. By 1954, the Charter of the Kingdom of the Netherlands was established, providing a framework for relations between Aruba and the rest of the kingdom. That created the Netherlands Antilles , which united all of the Dutch colonies in the Caribbean into one administrative structure. Many Arubans were unhappy with

13860-777: The Leeward Islands maintained connections and engaged in trade with mainland South America, particularly with partners in the present-day Falcón - Zulia state in Venezuela and possibly the La Guajira Peninsula (Venezuela/ Colombia ). The specific language group to which they belonged remains uncertain. This theory is supported by the discovery of 60 to 70 Amerindian cemetery burial grounds in Malmok and Canashito . Burial sites at Canashito are dated between 100 BC to 100 AD. isotopic research revealed that one of

14058-485: The Second World War there has been a dominant movement within the Dutch legal community to be fully consistent in this and incorporate the total of case law accumulated over the years, while the old law books derived from the French Code Napoleon remained basically unchanged, into a completely new set of modern codes. There has been a general tendency to strive for economy of style, clarity of expression, conceptual coherence and unity of terminology. The complete revision of

14256-563: The Staatsblad , are General Administrative Orders. Since the Second World War a doctrinal consensus has gradually developed that all general Royal Decrees have to conform to these conditions to be valid and that earlier practices to issue general Royal Decrees without meeting these three formalities — such Decrees, general or otherwise, are called "minor Royal Decrees" — can no longer result in regulations with binding force towards

14454-513: The United Kingdom of the Netherlands , now expanding his realm with the territory of the present state of Belgium , which would again secede from it in 1830. It included a limited unentrenched bill of rights , with freedom of religion , the principle of habeas corpus , the right of petition and freedom of the press as its main points. In the Treaty of London of 1814 the Allies had ordered that

14652-605: The Venezuelan peninsula of Paraguaná and 80 kilometres (50 mi) northwest of Curaçao . In 1986, it became a constituent country within the Kingdom of the Netherlands and acquired the formal name the Country of Aruba. Aruba has an area of 179 km (69.1 sq mi). Aruba measures 32 kilometres (20 mi) in length from its northwestern to its southeastern end and is 10 kilometres (6 mi) across at its widest point. Alongside Bonaire and Curaçao, Aruba forms

14850-655: The administrative law of the Netherlands is so complex, it was deemed impossible to incorporate it in a single code, but its general rules must be covered in a general code (Subarticle 2) as has indeed gradually been done since the nineties, be it with great difficulty. Article 108 (investigative bodies for civil complaints) has been abrogated in 1999. Article 109 states that the position of civil servants , including their protection and workers' participation must be determined by law. This has as yet not been done in any general way. Doctrine holds that civil servants enjoy full protection by constitutional basic rights. Article 110 imposes

15048-456: The freedom of education . In 1884 there was a minor revision. In 1887 the census suffrage system was replaced by one based on minimal wealth and education, which allowed an ever-growing share of the male population to be given the right to vote; therefore this provision was at the time nicknamed the " caoutchouc -article". The election interval for the House of Representatives was changed from two (with half of it replaced) to four years (with full

15246-462: The monetary system . Delegation is allowed. The article has lost its relevance by the introduction of the euro in 2002; doctrine holds that the constitution does not demand a purely national system. A fourth and last group of articles pertains to judicial issues. Article 107 is the " codification article". It imposes that that private law , penal law and the separate procedural laws covering these subjects must indeed be formal law and treated in

15444-408: The national security (Article 68). Doctrine holds that there can also be "natural impediments" justifying that a minister fails in answering questions, such as the circumstance that he simply doesn't know the answer, that he has already answered or that he is about to answer much more completely by issuing a written report on the question. Another doctrinal limitation is the ministerial responsibility:

15642-418: The "islands of Curaçao". By 1816, Aruba possessed seven salt pans, all of which yielded salt of subpar quality. The salt production was just sufficient to meet the local demand. Aruban laborers, often assisted by donkeys, were tasked with gathering the salt, which was subsequently distributed among the island's inhabitants. Around 1924, salt extraction at Rancho had limited benefits, primarily being used in

15840-403: The "limited monists" held that only such published treaties are self-executing and that thus Article 93 is the basis for all treaty monism; to appease them government stated that the article should in any case be read as covering also the treaties conferring rights on the citizen and imposing duties upon government. The unintended result was that government might thus in principle withhold rights to

16038-424: The "useless islands", mirroring the hardships of these faced by subsequent African slaves, marked by a denial of freedom and forced labor. After 1775 the names of African slaves began appearing in records, with examples such as "Cecilia" and "Apolinar" tied to families like Silvester and Alvarez from Alto Vista near the coast. The Dutch colonizer recognized red slavery, particularly of Indians captured in wars. In

16236-615: The British National Audit Office . The third is the National Ombudsman , a relatively new function; he may investigate by his own initiative or on request of anyone, the actions of State bodies or other governmental bodies indicated by law; this indication can be delegated (Article 78a). The ombudsman and his substitute are appointed by the House of Representatives for a certain period of time, to be determined by law. They are in any case dismissed by

16434-598: The Caquetío chiefdom was a spiritual leader called diao who had both secular and religious authority in modern terms. He was endowed with powers that could influence nature: a shaman. The diao position was hereditary. By being allowed to marry multiple wives, the diao was able to establish and maintain political alliances with other groups, tribes, or villages. The chiefdom was centralized in its design, but not based on authoritarian or violence-based subjugation. The Spanish conquistadors interrupted this process of expansion at

16632-580: The Caribbean islands. On the continent, the great empires declined, but indigenous societies continued to exist and were exposed to a long process of miscegenation . In the Falcón-Zulia province, among other places, Caquetío societies survived on Tierra Firme, although their cultures and social structures were largely destroyed by the Spaniards. On the (former) Caquetío coastal islands of Aruba, Curaçao, and Trinidad , indigenous people lived well into

16830-543: The Caribbean region turned out to be a failure for the Spaniards. The exploitation of the West Indian islands proved unprofitable, and gold mining on Hispaniola and Puerto Rico declined. Spanish settlers moved elsewhere, and In 1569, the Spanish Crown banned settlement on the Caribbean islands by royal decree. This measure that did not apply to the leased islands of Curaçao, Aruba, and Bonaire. The colonization of

17028-455: The Caribbean, known as Spain's mare clausum , because of their need for salt, in open defiance of Phillip II . Since the mid-15th century, the prosperous Dutch herring industry had been steadily expanding. The towns of Hoorn , Enkhuizen , and Medemblik were particularly active in the salt trade, thanks to their thriving fishing industries. Herring was a crucial commodity for Dutch commerce, requiring salt for preservation. Salt also played

17226-453: The Council of State, then by exclusion the highest administrative appeal court, lacked the necessary independence. This necessitated a complete revision of the Dutch administrative court system, resulting in a much expanded access to independent administrative courts. Article 113 exclusively attributes also the power to judge offences to the judiciary. However, law can regulate the establishment by government of disciplinary courts outside of

17424-544: The Crown and The Order for Loyalty and Merit . Each year many thousands are honoured by the constitutional orders. This chapter regulates the Dutch judicial system . The central subject is the relation between the judiciary and other courts . The term "judiciary" is not meant to indicate the Judicial of the Trias politica , but rather a purely organisational complex of judicial institutions: those courts are simply part of

17622-417: The Dutch constitution in 1983 is part of this process. Combined with an absence of explicit legal doctrine the result can be deceptive, as the simple phrasing hides the underlying implicit doctrine. Because there is no Constitutional Court testing laws and acts against the constitution, much of the systematics are centered on the problem of delegation . If the legislative were allowed to delegate its powers to

17820-563: The Dutch government - it took until 10 December 1944 for the parties (Hubertus van Mook and Douglas MacArthur) to sign the Van Mook–MacArthur Civil Affairs Agreement . Its key provision was that areas recaptured by Allied troops would revert to Dutch rule via the Netherlands Indies Civil Administration (NICA). The first NICA detachments landed at Hollandia in New Guinea, April 1944. Their commander

18018-414: The Dutch started obtaining salt regularly on Tortuga . Governor Francisco Núñez Melián of Venezuela destroyed the saltpans and took some Dutch prisoners, forced them to cut Brazilwood in Curaçao. One of these Dutchmen, Jan Janszoon Otzen, carefully assessed the island's excellent harbor and profitable saltpans, which he later communicated to the WIC. Recognizing their struggle for salt, the Dutch realized

18216-484: The Dutch, later became wild on the island. Aruba essentially became a Spanish ranch, with cattle roaming freely in search of food. Despite more trees in the past, the overall vegetation was similar to today. The horses introduced were lighter than Dutch ones, and their hooves became so hard from roaming freely that they did not need horseshoes. To avoid stallions injuring each other during mating battles, horseshoes were impractical. After three weeks of service, particularly in

18414-584: The French troops had been driven out by Russian Cossacks , the new Sovereign Principality of the United Netherlands , was established by the constitution of 29 March 1814, the Grondwet van den Staat der Verëenigde Nederlanden . William VI of Orange, instated on 2 December 1813 as "Sovereign Prince" by acclamation , and only accepting "under the safeguard of a free constitution, assuring your freedom against possible future abuses", had first appointed

18612-403: The House in question so decides (Subarticle 3) which can be proposed by a tenth of the quorum or the President, on which proposal the doors are closed immediately for the vote (Subarticle 2). Normally there is a quorum of a half to start a session or to take any decision (Article 67). Decisions are taken by majority (more than half of the votes, Subarticle 2) and without mandate (Subarticle 3) —

18810-418: The House of Representatives approved but the Senate withheld approval. If the existing war conditions make such an approval impossible it is not required. Indeed, the approval has little value in any case: the subject of the article is not the classic declaration of war , as such a declaration according to doctrine might constitute a war crime by implying a war of aggression forbidden by international law. It

19008-483: The House of Representatives on demand and when reaching a certain age (Subarticle 2). Law determines the competence of the ombudsman and the way he proceeds; delegation is allowed (Subarticle 3). His competence may by law be determined to exceed that given in Subarticle 1; delegation is allowed (Subarticle 4) — in contrast with the arrangement given for the Council of State and the Court of Audit. The constitution has

19206-486: The King (Article 87). It is generally assumed that this also fulfills the demand of signature by Article 47. The affirmation needs sign and ministerial countersign but also the older Royal Order has to be signed and countersigned, ordering to publish the law in a special publication, the Staatsblad van het Koninkrijk der Nederlanden ( Bulletin of Acts, Orders and Decrees of the Kingdom of the Netherlands , also called Bulletin of Acts and Decrees ). Only after such publication

19404-594: The Kingdom of the Netherlands that has a constitutional court to govern the Sint Maarten legislature. The constitution of the Netherlands is only applicable to the Netherlands proper, i.e. the territory in Europe and its public bodies of Bonaire , Sint Eustatius and Saba , the latter three since 2010 special municipalities , in the Caribbean , except when the Charter does not cover a certain legal subject. It

19602-418: The Netherlands was abandoning its old policy of strict neutrality. In the revision of 1956 the constitution was changed to accommodate the full independence of Indonesia. The number of members of the House of Representatives members was brought up to 150, of Senate members to 75. The revision of 1963 accommodated the loss of Dutch New Guinea to Indonesia. The voting age was lowered from 23 to 21. In 1972 there

19800-590: The New World as slave laborers. The Caquetío population of the Leeward Antilles was incorporated into the Spanish colonial empire c.  1500 . On June 8 and 10, 1501, Alonso De Ojeda acquired the exclusive right to exploit the current Venezuelan coastal area, known as Coquivacoa , and the islands of the coast Curaçao, Aruba, and Bonaire, and probably also the Mongues and Aves Islands. De Ojeda had to form an administration as far west as possible on

19998-431: The Prime Minister himself, who signs his own appointment and those of the others (Article 48). Royal decree also institutes the ministries (Article 44), which have tended to be very variable in number and scope, and non-departmental ministers (Subarticle 2), who officially have no ministry but whom in fact is assigned the necessary personnel and who sign and are responsible for a partial budget. The ministers together form

20196-622: The Realm is obliged to appear and answer their questions; it is a crime not to obey. This right can be limited by formal law; delegation is possible. Sixteen such inquiries have been held since 1848, one of them, about the events in the Second World War , lasting from 1947 till 1956. The Houses each determine their own Rules of Procedure (Article 72). As the legislative is in the Netherlands formed by parliament and government in cooperation, these Rules of Procedure are not formal laws but have

20394-533: The Republic: the 110 members of House of Representatives ( lower house ) of the States General, the "Second Chamber" as it is still called, were still appointed by the States-Provincial (for three years; each year a third was replaced), who themselves were filled with nobility members or appointed by the city councils, just like under the ancien régime . However, now also some rural delegates were appointed to all States-Provincial (first only true for Friesland ) and

20592-524: The Royal House the right to attend; it in fact determines that they nor the heir have voting powers. The members of the council, the Staatsraden , are appointed by Royal Decree for life (Subarticle 2); they can be dismissed on demand by Decree, or in cases determined by law by the Council itself, and law can determine an age limit (Subarticles 3 and 4). The competence, organisation and composition of

20790-548: The Spaniards had fortified the saltpans, forcing them to give up their stake in Araya salt. After hostilities resumed, the Dutch established the West India Company (WIC) with the main objective of engaging in strategic military actions and privateering organization against Spain. This was the raison d'être or reason for the existence of the WIC. Their secondary objective was focused on commerce and colonization,

20988-493: The Spaniards, and marked the end of the first attempt to control the region. Between 1513 and 1515, the Leeward Antilles, including Curaçao, Aruba, and Bonaire, were depopulated. Captain Diego Salazar led this effort, which affected an estimated 2,000 indigenous inhabitants from these islands, and likely more from Tierra Firme. Most of the Caquetío were taken to Hispaniola as forced laborers. Many of them likely died on

21186-641: The Spanish declared these islands islas inútiles , meaning "useless islands", due to their apparent lack of mineral wealth. It was not until 1824 that gold was discovered on Aruba by a 12-year-old herder named Willem Rasmijn , leading to the Aruban Gold Rush . In Aruba's prehistoric era, there were distinct periods: the Archaic or Pre-Ceramic  and the Neo-Indian or Ceramic (Dabajuroïd)  period. The Archaic occupation of Aruba continued well into

21384-411: The States-Provincial, but now also employing a system of proportional representation, no longer by majorities per province. The Christian democratic parties agreed to universal manhood suffrage in exchange for a complete constitutional equality in state funding between public and denominational schools, thus ending the school struggle . By the revision of 1922 universal suffrage was explicitly adopted in

21582-717: The United States and the Netherlands, were signed in London, on May 16, 1944. It was agreed that the Allied forces in the liberated areas would be utilized for NICA 's administrative tasks, but due to political conflicts with the American State Department - which wanted the Netherlands to commit to a date for the colony's independence or full autonomy according to the Atlantic Charter , signed by

21780-702: The West Indies. Seeking alternative sources, they turned their attention to Punta de Araya in Tierra Firme by the 17th century. The salt reserves in Punta de Araya were abundant and of high quality, surpassing that of the Iberian peninsula. Rather than being a rock salt deposit, it was a gem salt derived from the clay of the surrounding hills. However, following the Truce of twelve years , the Dutch discovered that

21978-522: The archaic population, and their height was up to 1.60 metres (5.2 ft). The newcomers brought pottery and agriculture to the islands and are therefore classified as part of the neo-Indian period. The area over which the legendary cacique Manaure exercised his authority was the coastal region of the current state Falcón-Zulia at Venezuela, including the Paraguaná Peninsula, as well as Aruba, Curaçao and Bonaire . The Caquetío people had

22176-539: The archeological record around 950 AD, shortly after the arrival of the neo-Indian — Caquetío . It is clear that the Caquetíos had a superior culture in socio-economic and technological terms. It is possible that the Caquetío lived alongside the archaic Indians for a time and that they were ultimately displaced or assimilated. The Caquetío belonged to the Arawak people. The origin of Arawak civilization (a name based on

22374-567: The arrangement, however, as the policy was perceived as being dominated by Curaçao. In 1972, at a conference in Suriname , Aruban politician Betico Croes proposed the creation of a Dutch Commonwealth of four states: Aruba, the Netherlands, Suriname, and the Netherlands Antilles , each to have its own nationality. Backed by his newly created party, the Movimiento Electoral di Pueblo , Croes sought greater autonomy for Aruba, with

22572-427: The article simply states that government and the States General together make laws. This means that the Dutch concept of "formal law" cannot simply be equated to "Act of Parliament", as government and parliament act in unison in creating laws. In the Dutch constitutional system there is no decisive referendum , although sometimes consultative referendums are held, like the one in 2005 in which the people advised to reject

22770-570: The assumption that the similar beliefs about life after death existed in both societies. Nicolaas Pyclas was regarded as the last known indigenous Aruban. Pyclas spoke and understood the extinct language of the original inhabitants of Aruba, adhering to their way of life and customs. He resided in a hut in Savaneta. His diet included sea snails, such as cocolishi ( Cerun uva ) and carco ( Aliger gigas ), as well as wild herbs. Pyclas rejected any involvement in religious practices. Around 1840, he

22968-539: The basis of the future group of encomenderos. The encomienda system granted Spanish colonizers right by the Spanish Crown to extract tribute and labor from indigenous peoples. For example, indigenous communities had to give up a portion of the yields from their agricultural or farm land, known as conucos in Taino , as a form of taxation and to provide for the food supply of the colonists. The defeated were often kidnapped and forced to participate in expeditions elsewhere in

23166-596: The body was initially buried without a pot, and after a few months or years, the bones were exhumed and reburied in smaller pots for a second time. Some pots contained grave offerings such as axes, shells, and pottery. The secondary burial method was practiced until recently in South America. The striking similarity between the Neo-Indian burial practices in Aruba and the post-Columbian variant in Guajira justifies

23364-447: The citizen by not publishing the treaty. Article 94 determines that legal prescripts are inapplicable if they conflict with treaties of a generally binding nature. This means that laws can be tested against treaty norms and obligations. Dutch courts have however been very reluctant to do so, limiting this to cases where government has been left no freedom of policy at all by the treaty, or to severe formal and procedural defects. The case law

23562-584: The citizen can always assure some legal resort, simply by bringing a tort action against the State: the judiciary is then competent. Article 115 states that in the cases covered by Article 112, sub 2, always some administrative appeal is possible. However, it does not guarantee a decision by an independent court: on 23 October 1985 the European Court of Human Rights ruled that the Crown Appeal by

23760-579: The citizen. Since 1889 the constitution determines that all prescripts with a penal character have to be based on formal law and that this law imposes the penalty (Subarticles 2 and 4). This includes the Royal Decrees and thus the General Administrative Orders. A doctrinal consensus has developed, however, that all General Administrative Orders, not just those with penal content, have to be based on formal law to be valid, with

23958-453: The city councils were appointed by electoral colleges which were in turn elected by a select group of male citizens of good standing and paying a certain amount of taxes, so indirectly there was a modicum of democracy introduced to the system. Generally, however, the administration was monarchical, with the king appointing for life the members of the Senate , the "First Chamber", that mockingly

24156-434: The colonial period. The indigenous history of the Guajira peninsula extends to the present day. The Wayú are increasingly being recognized on the Leeward Antilles as possible contemporary ancestors or lost relatives from prehistoric times. The conquistadors brought European cattle to Aruba. Over time, they also introduced goats, sheep, dogs, donkeys, cows, pigs, and possibly even cats. It is believed that rabbits, brought by

24354-474: The competence to regulate delegated by such law. The second paragraph of Chapter 5 contains several articles of disparate administrative content; but they are not the same as the "other prescripts" of §1; the redaction of the headings is generally seen as confusing and infelicitous on this point. Most articles in §2 are combined in coherent groups. The first of these groups consists of articles pertaining to international law and treaties. Article 90 states that it

24552-413: The constitution, after it had already been introduced by law in 1919. Each three years, half of the members of the Senate were to be elected by the States-Provincial for a period of six years, using a system of proportional representation. In 1938 there was a minor revision, introducing some elements of the then fashionable corporatism by giving a constitutional base to public bodies regulating sectors of

24750-532: The constitution, in Article 89: the Algemene maatregelen van bestuur , "General Administrative Orders". To avoid doctrinal strive over what orders exactly are covered by this concept, a consensus has developed that a strict formal definition can be applied: all general orders made by Royal Decree (Subarticle 1) that have been submitted to the Council of Ministers and to the Council of State and have been published by

24948-417: The constitution. The law regulates to which extent persons who are not members of the judiciary, partake in its rulings; delegation is possible (Article 116, sub 3). This refers to (scientific or other) experts on a certain subject, not to a system of jury trials, which is absent in the Netherlands. Article 112 states the main principle: the power to judge disputes of private law and the law of obligations

25146-435: The council acts as if there were complete agreement between all ministers: the so-called "homogeneity". By Royal Decree are appointed secretaries of state (Article 46); these are subordinate to a certain minister who is fully responsible for their acts (Subarticle 2). All laws and Royal Decrees have to be countersigned by the responsible minister(s) or secretaries of state (Article 47). The countersign has been mandatory since

25344-528: The council are regulated by law; delegation is possible (Article 75). This competence may exceed the functions indicated in Article 73; in this case no delegation is allowed (Subarticle 2). The number of Staatsraden is determined by law at a maximum of 29 ordinary members and 50 extraordinary members. The second is the Court of Audit ( Algemene Rekenkamer ). Its task is to perform financial audits (Article 76). The members are appointed for life by Royal Decree from

25542-481: The discussions (Subarticle 3). All persons partaking in the deliberations of parliament or in the parliamentary commission meetings have legal immunity regarding any communication they made, either in speech or in writing (Article 71). Otherwise the members have no parliamentary immunity . The States General have the right of inquiry (Article 70). They can by majority vote empower a commission that in public or secret hearings can investigate any subject. Any person in

25740-463: The dry season, the horses were released to recover. Occasionally, a small group of Spaniards would disembark on the island, but typically Aruba was left to fend for itself. According to Dutch geographer Joannes De Laet , by 1630 there were few Indians and some Spaniards on Aruba. Al is de Sallem schoon, De Haering spant de Kroon. The salmon may be beautiful, the herring surpasses all. The Dutch were compelled to venture into forbidden waters of

25938-467: The economy led to a push for a dramatic increase in tourism, and that sector has expanded to become the island's largest industry. At a convention in The Hague in 1990, at the request of Prime Minister Nelson Oduber , the governments of Aruba, the Netherlands, and the Netherlands Antilles postponed indefinitely Aruba's transition to full independence. The article scheduling Aruba's complete independence

26136-479: The economy. A proposal to make it possible to impeach "revolutionary" members of representative bodies, directed against communists and fascists, failed to get a two-thirds majority. After World War II in 1946 a revision failed attempting to simplify the revisional procedure. However, a change was accepted allowing to send conscripts to the colonial war in the Dutch East Indies . In the revision of 1948

26334-469: The end of the Cold War . Delegation is allowed. Government has to inform the States General about any intended foreign deployment of Dutch forces outside of defence treaty obligations, thus to protect the international rule of law and for humanitarian missions (Article 100). In an emergency situation such information can be given after the facts. Both government and parliament tended to present this duty as

26532-399: The enforcement of English Navigation Acts left a lasting impact on regional trade. Nevertheless, the Caribbean islands eventually regained stability and prosperity, experiencing fewer changes in colonial holdings for centuries to come. In the 16th century, Spaniards engaged in coercive labor practices, deporting Arawak Indians to Hispaniola in 1515. Colonists exerted control over Indians on

26730-449: The final say on the way the country is actually ruled, though this is limited by the fact such appeals can only be made on formal or procedural grounds. The large influence of the council is not always appreciated by external and internal observers. If the King is unable to exert the royal authority and there is as yet no regent, the Council exerts the royal authority (Article 38). The council

26928-429: The first millennium AD, which is relatively late in compared to other parts of the insular Caribbean. The archaic lifestyle revolved around a food economy based on fishing, hunting, and gathering , with a strong emphasis on marine resources. Ceramics were absent, as was horticulture and agriculture. Weapons and tools were predominantly crafted from stone. Sharp-edged ax blades, chisels, and knives were commonly used, with

27126-401: The functions indicated by Article 76; in this case no delegation is allowed (Subarticle 2). In fact the Court of Audit not only performs financial audits but also "value for money" efficiency analyses; it also reports on the effectiveness of all governmental policy via performance audits . Dutch legal doctrine believes in a clear distinction between efficiency and effectiveness reports and this

27324-417: The government or to lower decentralized bodies, this would threaten democratic legitimacy and the constitutional protection of the citizen (as citizens have no recourse to a Constitutional Court). Therefore, delegation is only allowed if articles contain the terms "regulate" or "by force of law"; otherwise it is forbidden. This rule itself, however, being legal doctrine, is not explicitly included anywhere within

27522-456: The government; there is thus no constitutional supreme commander . This defence force consists of volunteers and may contain conscripts (Article 98). Since Napoleonic times conscription had been the rule and voluntary service the exception; this has now been inverted to accommodate the creation of a fully professional army in 1997. However, the old laws regulating conscription have only been suspended, to be reactivated in case of emergency; this

27720-539: The hierarchy of the chiefdom. Aruba had (not simultaneously) five villages: three larger ones Ceri Noca ( Santa Cruz ), Tanki Flip ( Noord ), and Savaneta , and two smaller ones near Tanki Leendert and Parkietenbos , which have not yet been systematically studied. The location of Aruban villages varied. They were situated in places where beneficial agriculture land was available and where the most favorable hydrological conditions prevailed, such as where several rooi ( gullies ) came together and where relatively much water

27918-411: The highest bidder. However, the people in New Netherland were not motivated by unselfish reasons or a strong sense of patriotism. They continued to trade with their French, English, and Swedish neighbors across the border. Only in extreme situations did their shared heritage become more important than making money. For example, when the islands faced famine due to a series of dry seasons, Stuyvesant came to

28116-608: The individuals buried there was not from Aruba and had a different diet compared to the other four individuals of Aruban origin. This finding suggests that early human migration and cultural exchange were already part of the cultural pattern of these archaic Indians at an early stage. The burial site in Malmok dates to between 450 and 1000 AD. The Arubans of that time had a short and stocky physique, with adult men averaging 1.57 metres (5.2 ft) in height and women averaging 1.49 metres (4.9 ft). The burial customs offer insight into

28314-438: The introduction of full ministerial responsibility in the constitution, leading to a system of parliamentary democracy , with the House of Representatives directly elected by the voters within a system of single-winner electoral districts . Parliament was accorded the right to amend government bills and to hold investigative hearings . The States-Provincial, themselves elected by voters, appointed by majorities for each province

28512-619: The judiciary that are designated as such by formal law (Article 116). Their organisation, composition and competence is regulated by law; delegation is possible (Subarticle 2). However, one safeguard that is typical of the Judicial, to guarantee its independence, is also characteristic of the Dutch judiciary: its members are appointed for life (Article 117); they can resign voluntarily or will be fired at an age determined by law (Subarticle 2); present law prescribes an age of seventy. Other principles, like impartiality , are not explicitly mentioned in

28710-438: The judiciary. Delegation is possible (Subarticle 2). The judiciary is attributed the exclusive right to impose a punishment entailing a deprivation of liberty (Subarticle 3). This does not refer to forms of detention that are not punitive in nature. Law may regulate exceptions to the provisions of Article 113 in case of trials held outside of the European territory of the Netherlands or of proceedings of martial law ; delegation

28908-480: The knives distinguishable by their elongated shape and flat blades. One notable site, Sero Muskita, yielded a tool that is older than other archaic age sites on the island. The finishing techniques and shape of this tool resembles one found at Arikok, suggesting a date before approximately 2000 BC. The presence of these tools on the island may be from occasional visits from the mainland. In total, 33 archaic age sites have been identified on Aruba. During this period,

29106-400: The large Caribbean islands, such as Cuba , was encouraged while the small islands were abandoned. Most of the islands remained largely uncontrolled and undefended, making them a potential opportunity for northwestern European countries that wanted to break Spain's monopoly on colonizing the New World. England, France, the Netherlands, and Denmark explored the possibilities of piracy and trade on

29304-404: The law has an external binding force (Article 88). In the Dutch constitutional system there is not only formal law; also other general governmental regulations are recognised, binding the citizen; the overarching concept is called "material law". These other regulations are the "other prescripts" mentioned in the heading of §1. Only the most important subcategory of these is explicitly mentioned in

29502-529: The local population to Christianity, the coastal region of the mainland was leased to the banking firm of the Welsers in 1528. This led to the violent conquest of the Caquetío kingdom. Before 1634, Curaçao, along with its neighboring islands Bonaire and Aruba, were considered part of the province of Venezuela. They had been separated from Venezuela only during the period of the Welser grant. The appropriation of

29700-543: The long-term goal of independence, adopting the trappings of an independent state in 1976 with the creation of a flag and national anthem. In March 1977, a referendum was held with the support of the United Nations. 82% of the participants voted for complete independence from the Netherlands. Tensions mounted as Croes stepped up the pressure on the Dutch government by organising a general strike in 1977 . Croes later met with Dutch Prime Minister Joop den Uyl , with

29898-407: The main principles of Dutch government: that it is formed by King and ministers (Subarticle 1) and that "the King is inviolate; the ministers are responsible" (Subarticle 2). Before 1848 the inviolacy of the King was interpreted as a judicial one: he could never be tried in court for whatever reason. This is still so, but ministerial responsibility implies there is since the revision of 1848 primarily

30096-408: The members of the Senate from a select group of upper class citizens. A commission chaired by Johan Rudolph Thorbecke was appointed to draft the new proposed constitution, which was finished on 19 June. Suffrage was expanded (though still limited to census suffrage ), as was the bill of rights with the freedom of assembly , the privacy of correspondence , freedom of ecclesiastical organisation and

30294-444: The native peoples into European society, such as the initiation of Indian slavery by Columbus in 1492. Europeans had an advantage because they had superior weapons, such as firearms, steel swords, armor, ships, horses, and targeted military strategies. While expedition leaders mostly came from the higher echelons of late medieval society, their foot soldiers were usually from the lower middle class of southern Europe. These soldiers formed

30492-515: The natives living there about the Catholic faith and instill in them good habits . In exchange for the papal approval of the treaty, Spain promised to vigorously carry out missionary work in the discovered territories. This gave Spain the right to evangelize the Americas and appoint and dismiss priests, blurring the separation between church and state in the region. In other words, the Spanish Crown

30690-480: The need to establish a base in these waters to secure Curaçao. WIC agent Johannes van Walbeeck was appointed as the expedition's commander and future Governor of Curaçao, Bonaire, and Aruba. Curaçao was captured and acquired by the WIC in June 1634, primarily by their desire to obtain salt. In Van Walbeeck's report of 1634, Aruba is mentioned only in relation to Curaçao, where he refers to Bonaire and Aruba collectively as

30888-618: The northwest. In 1493, the year in which the West Indian islands became known in Europe, the division between the secular (civil) and religious authorities in the New World had to be arranged. The newly appointed Spanish Pope Alexander VI issued the Inter Caetera bull, granting the Spanish Crown sovereignty over the newly discovered territories and the responsibility of the holy task: to send good, God-fearing men, who are earned and capable, to those islands and continents to teach

31086-500: The number increased to 497 slaves, with 269 being indigenous people and 228 of African descent. Approximately, half of Aruba's slaves were of indigenous origin, and the other half were of African descent. Although Dutch law generally prohibited the enslavement of indigenous people, the actual practice varied. The British Empire took control of the island during the Napoleonic Wars holding it from 1806 to 1816, after which it

31284-516: The oath of purification, the oath of allegiance to the Constitution and the oath of loyal discharge of their office are demanded by Article 60; the oath of loyalty to King and Statute is demanded by Article 47 of the Statute of the Kingdom, the higher Constitution of the Realm. All other issues pertaining the elections are regulated by formal law; delegation is possible (Article 59). Each House appoints its own President from its members (Article 61) and

31482-542: The original Dutch state would devise the new constitution. It had been approved by the new States General (consisting of 55 members) of the Northern Netherlands, but rejected by the majority of appointed electors (796 against 527) of the Southern Netherlands . As 126, however, had indicated that they were against because of the (by them still considered too limited) freedom of religion, which

31680-413: The present-day name Aruba. Another Caquetío name for the island was Oibubia which means "Guided island". The Taino name for the island was Arubeira . The Kalinago also had two names for the island Ora Oubao which means "Shell island" and Oirubae which means "Companion of Curaçao". A common misconception is that the name "Aruba" came from Oro hubo, (Spanish for "There was gold once"). However,

31878-536: The preservation of fish during shipping. Paardenbaai (Horses' Bay) contained salt pans up until 1949 when it was dredged and disappeared beneath the sand. Between the Peace of Westphalia in 1648 and the Peace of Nijmegen in 1678, there were 30 years of crisis in the Dutch Antilles and the entire Caribbean region. By 1648, Curaçao had lost its importance as a military outpost. Governor Peter Stuyvesant had

32076-427: The proposal, which is only signed by himself, thus without countersign. The House of Representatives has the right of amendment ; government too may amend (Article 84). The Senate only can pass or reject laws in full (Article 85), defended by the responsible minister or by members of the House of Representatives having taken the initiative to propose the law; however, in practice it can send the proposal back asking for

32274-441: The public attention, shows that the common conception that the kingship since the reign of William III of the Netherlands has in fact been almost fully ceremonial, is not supported by the facts. Often it is assumed that there is a "derived ministerial responsibility" for all members of the Royal House. The Prime Minister and the ministers are appointed and dismissed by Royal Decree (Article 43). Such decrees are also signed by

32472-640: The public interest, as opposed to the particular interests of their constituents. Article 51 specifies that the States General consist of a House of Representatives of the Netherlands ( lower house ), the Second Chamber of 150 members and a Senate ( upper house ), the First Chamber of 75 members — the constitution deliberately mentions the House of Representatives first to emphasize its political primate. Subarticle 4 mentions that both Houses can gather in an indivisible United Assembly of 225 members,

32670-724: The relatively short route to the west , across the ocean of Atlantis . During his third voyage to the New World , Columbus was searching for the southern route to India and explored the Paria Peninsula (eastern Venezuela) and the Orinoco region, where he discovered the fresh river water of the Orinoco Delta . The suspicion arose that he had not found islands off the coast of India but a much more extensive land mass; an extension of Asia. Columbus did not realize that this

32868-481: The rescue by sending a ship with food just in time. The troubled relationship between the Curaçao islands and New Netherland came to a sudden end in 1664. At that time, even though a war between England and the United Provinces had not been officially declared, an English fleet led by Richard Nicolls demanded that New Amsterdam surrender. While the Dutch briefly regained control of the colony in 1673, it

33066-445: The revision of 1840. Since 1983 such laws and decrees also have to be affirmed by a signed affirmation; it is usually assumed these acts coincide. All ministers and secretaries of state have to swear an oath of purification (declaring to not having bribed anyone to obtain their office, nor having been bribed to commit certain acts when in office) and swear allegiance to the Constitution (Article 49). The individual ministers do not have

33264-447: The revision of 1983 introduced a number of social rights. The distinction between the two categories is not strictly based on any legal doctrine and in fact the social right articles contain many freedom rights. The social rights are: Dutch constitutional doctrine holds that the King and ministers together form the government and this indivisibly, so that the King in any of his public acts always acting under ministerial responsibility

33462-423: The same issue. The last instance occurred in 1894. In the 20th century such "conflict resolution" was replaced by "crisis resolution" whenever a political coalition fell apart and could not be reconciled; the government then resigns and instead of trying to find a new coalition majority, decides on holding new elections, normally in accordance with the wishes of parliament itself. Earlier typically an "interim cabinet"

33660-919: The slave trade. Plats had masters sign a declaration recognizing the freedom of the Amerindians, ensuring proper upbringing, education, and accommodation. Contrary to common belief, Aruba had a history of slavery, challenging the notion that conditions were considerably better than in other Caribbean regions. Records are limited, with mentions primarily concerning Curaçao in 1750 and 1795. Aruba's circumstances surrounding slavery were comparatively less severe, leading to misconceptions that indigenous people were not enslaved. However, by 1862, 15 percent of Aruba's population were slaves, with 27 percent in Bonaire. A Population Report from 1820 indicates 331 slaves in Aruba—157 indigenous people and 174 of African descent. In 1840,

33858-425: The social dynamics of the archaic island inhabitants. Based on the burial patterns, it was deduced that they traveled in clans of 15 to 30 people. These groups were led by an adult man who was buried at the center of the cluster. His elevated status was emphasized by the presence of several stones marking his grave. The rest of the family group was buried around him. The archaic population disappeared from Aruba from

34056-433: The throne. Further articles regulate abdication (Article 27); parliamentary approval of royal marriage on penalty of loss of the right to the throne (Art. 28); the exclusion of unfit possible heirs (Art. 29); appointment of a successor if heirs are absent (Art. 30 and 31); the oath and inauguration in the capital of the Netherlands , Amsterdam (Art. 32); the age of royal majority at eighteen (Art. 33); guardianship over

34254-445: The time of the European contact (AD 1499–1535). The Caquetío territory consisted of several small political units that were under the authority of lower "second-tier chiefs" who were subordinate to the highest authority. How the central authority was exercised over the units is not clear. However, there are reports from the contact period that suggest the diao did not exert his power over the lower units in arbitrary manner. Likely there

34452-482: The tip of Guajira , from whence he conducted trade and, probably even more importantly, carried out his raids, including slave hunts. During his third voyage to the New World in 1502, de Ojeda visited Curaçao, but his attempt to exploit the region failed. Instead, Bartolomé de Las Casas documented de Ojeda's raids, slave hunts, and atrocities in the rural areas of present-day Cartagena in his book, Historia General de las Indias . These raids were disastrous, even for

34650-512: The two Leeward Antilles known at the time. This was followed by the more accurate Cantino map , created anonymously in 1502, which also showed an extensive landmass and mentioned the Isla do gigante (Island of Giants) and Isla do brasil (Island of Brasil) . The location of the Isla do gigante southwest of the Isla do brasil suggest that it refers to Bonaire and Curaçao since Aruba is located more to

34848-556: The two sides agreeing to assign the Institute of Social Studies in The Hague to prepare a study for independence, entitled Aruba en Onafhankelijkheid, achtergronden, modaliteiten, en mogelijkheden; een rapport in eerste aanleg (Aruba and independence, backgrounds, modalities, and opportunities; a preliminary report) (1978). In March 1983 Aruba reached an official agreement within the kingdom for its independence, to be developed in

35046-510: The vast Venezuelan oil fields, bringing greater prosperity to the island. During World War II, the Netherlands was occupied by Nazi Germany . In 1940, the oil facilities in Aruba came under the administration of the Dutch government-in-exile in London, causing them to be attacked by the German navy in 1942. In August 1947, Aruba formulated its first staatsreglement (constitution) for Aruba's status aparte as an autonomous state within

35244-466: The way or later in the gold mines by the Spanish colonizers or during the devastating smallpox epidemic of 1518. Later on, new Indians migrated from the mainland to Aruba, while Indians were brought to Curaçao by Juan de Ampiés . The indigenous population was under encomienda, which ended the autonomy of Caquetío community in the islands. Their relatives on the mainland did not fare any better. After an unsuccessful attempt by Bartolomé de Las Casas to convert

35442-481: The written law and is only found in the official commission reports and ministerial commentaries accompanying the bill . Chapter 1 is mainly a bill of rights . There is no normative hierarchy indicated by the constitution: all basic rights are principally equal in value and importance. Some rights are absolute, most can be limited by parliamentary or "formal" law, many can be limited by delegation of limiting powers. They include: In addition to these classic rights

35640-470: The “supreme administration” over the Dutch East Indies, while the “general administration” of the East Indies was entrusted to the Governor General . Since the Japanese occupation of the Dutch East Indies , both the supreme administration and the general administration of Indies affairs (Both Dutch and West Indies) rests with the Dutch government-in-exile acting with the advice of various agencies such as; “We have let you down after you went to war for us. It

35838-409: Was Colonel C. Giebel, Staff Officer NICA (SONICA). The CONICA was authorised to execute emergency measures and to carry out the orders of the Military Authority. By the time Japan surrendered, NICA units and 1st Infantry Battalion (KNIL) had landed in New Guinea (Hollandia, Biak , Numfur and Manokwari ), the Moluccas ( Morotai ) and Borneo ( Tarakan and Balikpapan ). On August 15, 1945, it

36036-428: Was a form of consultation between the diao and lower leaders. In the 16th century, two sub-units, the Guaranos and Amuayes , lived on the Paraguaná Peninsula. Aruba, which is less than 30 kilometers away from Paraguaná, was previously connected to one of these units. After the diao and the regional sub-units, such as the mentioned Guaranaos an Amuayes in Paraguaná, the village formed the third level of governance in

36234-402: Was a minor revision; the main change was a lowering of the voting age to 18. In 1983 the constitution was almost entirely rewritten. Many articles were abolished. Social rights were included, most articles were reformulated (the main exception being article 23 about the still sensitive freedom of education) using a new uniform legal terminology and their sequence was changed. The bill of rights

36432-411: Was an unknown continent. Characteristic of his Christian medieval perspective, Columbus solved the puzzle by assuming that he had discovered the earthly paradise . The earthly paradise was inaccessible to humans without God's permission. Columbus experienced the geographical discovery of the New World in Christian terms and assigned himself a special role assigned by a divine power. With the discovery of

36630-406: Was announced that the entire Dutch East Indies would be transferred from the South West Pacific Area (SWPA) to the South East Asia Command (SEAC). The liberation of Sumatra , Java , Bali and Lombok was now the responsibility of the British . The Australian troops were assigned to the occupation of Borneo , Celebes , the Moluccas and the other islands in the eastern East Indies. August 24, 1945

36828-494: Was available. The Caquetío people probably used a shifting cultivation farming method, also known as slash-and-burn . The yields from agriculture and fishing were supplemented by engaging in trade of raw materials and artifacts that were not locally available or producible. Sixteenth century sources indicate that the Caquetíos traded in, among other things, salt, canoes, tobacco, and beads. The Leeward Caquetíos certainly did not live in isolation but formed outlying regions of

37026-418: Was brought back to a few to economise. The advice of all bodies indicated in Chapter 4 is in principle public; the law regulates the way it is published; delegation is allowed (Article 80); it is submitted to the States General (subarticle 2). The Legislative is formed by Government (i.e. King and ministers) and the States General in cooperation (Article 81), although the term "legislative" is not actually used:

37224-457: Was called the Ménagerie du Roi . In 1840, when a new revision was made necessary by the independence of Belgium, a first step to a more parliamentary system was taken by the introduction of penal ministerial responsibility. The constitution as it was revised on 11 October 1848 is often described as the original of the version still in force today. Under pressure from the Revolutions of 1848 in surrounding countries, King William II accepted

37422-458: Was divided and some defended a more dualistic position, that of "limited monism". They demanded the constitution to be neutral on this issue and this has led to some infelicitous results. Government originally intended that Article 93, stating that treaties of a generally binding nature would only have such binding force after they had been published, to be simply a safeguard, protecting the citizen against duties imposed on him by such treaty. However,

37620-410: Was expanded with a prohibition of discrimination , a prohibition of the death penalty , a general freedom of expression , the freedom of demonstration and a general right to privacy . In 1987 there was a minor revision. In the revision of 1995 the introduction of a professional army, replacing the conscript army, was regulated. In the revision of 1999 a proposal to introduce an advisory referendum

37818-425: Was formed to arrange for the elections, but this hasn't happened since 1982. Article 65 states that the parliamentary year is opened on the third Tuesday of September ( Prinsjesdag ) by the King holding the Speech from the Throne . The same day the minister of finance presents the yearly national budget. The sessions of the States General are public (Article 66), but the session will be secret ( In camera ) when

38016-415: Was found dead hanging from a tree branch not far from his hut. Estimated to be approximately 50 years old, he was buried in situ and was not properly buried due to the hard rocky surface, he was only covered with a layer of earth and stones. Pyclas' skull was gifted to the former Rijks Ethnographisch Museum , presently National Museum of Ethnology in Leiden, with the mediation of A.J. van Koolwijk . It

38214-411: Was granted significant religious authority in the Americas, which was not strictly separate from the state and weakened the distinction between the religious and secular spheres—a key aspect of separation between church and state. Conquistadors were fascinated by legends of inexhaustible gold reserves of El Dorado . The conquest was characterized by bloodshed, destruction, and forced assimilation of

38412-466: Was highly sought after throughout Europe. Salt importation began in the 15th century when the Dutch discovered high-quality salt in Setúbal the Iberian coast. This sea salt was good for preserving herring because of its magnesium sulfate and magnesium chloride content. However, the Eighty Years' War prompted Phillip II to halt this trade. With the salt supply cut off, the Dutch were forced to seek new trade routes. Their quest for salt led them to

38610-410: Was mandatory under the Treaty of Vienna that ordered the union of the Northern and the Southern Netherlands, their votes and those of the men having refused to vote, were added to the minority, and by this infamous "Hollandic Arithmetic" William felt justified to proclaim the new kingdom. Regarding the government's political structure the 1815 constitution did not diverge much from the situation during

38808-400: Was once again used as leverage in 1674 to show the English the dangers of their alliance with France. During the 17th century, the Dutch considered England their main adversary, as evidenced by the three wars they fought against the English. The Second Anglo-Dutch War and the subsequent peace treaty in 1667 marked a pivotal moment in Caribbean colonial possessions. Dutch supremacy waned, and

39006-428: Was rejected by the Senate. After a minor revision in 2002, the last changes were made in 2005; a proposal to introduce an elected mayor was rejected by the Senate. There are substantial safeguards to prevent carefree revision of the constitution. A revision of the constitution is submitted to both chambers of the States General , the House of Representatives and the Senate where the proposed revision has to pass with

39204-416: Was returned to Dutch authority in accordance with the Anglo-Dutch Treaty of 1814 . Aruba was then integrated into the Colony of Curaçao and Dependencies , along with Bonaire. Throughout the 19th century, the island's economy evolved, centered around gold, phosphate ( Aruba Phosphate Company ), and the aloe vera industry ( Royal Aruba Aloe ), However, despite these economic activities, Aruba continued to be

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