Who makes the laws, who governs the country, and who checks all of that? This theme explains how Dutch democracy works — and why nobody is above the law.
Machine translation: this page was translated automatically from the reviewed Dutch text and has not been checked by a person.
In short
7.1
Deeper knowledge of the democratic rule of law
7.2
Knowing legal provisions
The KNM eindtermen (final attainment targets) for the theme Staatsinrichting en rechtsstaat are: deeper knowledge of the democratic rule of law, and knowing legal provisions.
Source: Staatscourant 2024, 15802 — Regeling inburgering 2021 — accessed 23-08-2026
That means: the people choose. Not the king, not the army, not one party. Every four years there are elections for the Tweede Kamer (House of Representatives), and everyone of 18 years and older with Dutch nationality may vote.
The Netherlands is also a constitutional monarchy: there is a king, but he does not govern. The king is head of state and has a ceremonial role. The ministers are responsible, and they answer to the parliament.
The King is inviolable; the ministers are responsible. The King is head of state and, together with the ministers, forms part of the government, but policy is the responsibility of the ministers.
Source: Het Koninklijk Huis — Staatsrecht — accessed 23-08-2026
The king and the ministers. They govern the country and prepare laws. The minister-president is the chair of the ministerraad (council of ministers).
150 members, elected by the people. They take part in making laws, change them, and monitor the government. This is the most important political arena in the country.
75 members, elected by the Provinciale Staten. They only look at whether a law is sound and workable: yes or no, changing it is not allowed.
Independent of politics. The judge decides whether someone has broken the law and settles conflicts between people, companies and the government.
That separation is the heart of this theme. The legislator makes the law, the government carries it out, and the judge rules — and those three are separated from each other. That is called the trias politica, or separation of powers.
The parliament (Staten-Generaal) consists of the Tweede Kamer with 150 members and the Eerste Kamer with 75 members; the parliament makes laws together with the government and monitors the government. The judiciary is independent: judges rule without interference from politics or public administration.
Sources: Rijksoverheid — Parlement · Rechtspraak.nl — De rechtsstaat — accessed 23-08-2026
There are several elections in the Netherlands, and they are about different things. This is exactly the kind of difference the exam asks about.
| Election | What for | Who may vote |
|---|---|---|
| Tweede Kamer | The national government | Dutch nationals from 18 years old |
| Gemeenteraad | Your own gemeente (municipality) | Also non-Dutch nationals, if you have lived in the Netherlands lawfully for long enough |
| Provinciale Staten | The province — and indirectly the Eerste Kamer | Dutch nationals from 18 years old |
| Waterschap | Dikes and water management | Residents of the waterschap (water authority) |
| Europees Parlement | The European Union | EU citizens |
Note the second row: for the gemeenteraad (municipal council) you may usually vote even if you do not have Dutch nationality, as long as you have lived here lawfully for long enough. Many people doing inburgering (civic integration) do not know this. If you have the right to vote, a stempas (voting pass) is sent to your home automatically.
For the Tweede Kamer, the right to vote applies from the age of 18 for Dutch nationals. In municipal elections, non-Dutch residents may also vote, subject to conditions about the length of their lawful residence in the Netherlands.
Source: Rijksoverheid — Verkiezingen — accessed 23-08-2026
Voting in the Netherlands is a right, not a duty. Nobody may force you to vote, and nobody may force you to vote for a particular party. What you vote is secret, also from your family and your employer.
If you have the right to vote, you get it at home automatically. Keep it safe.
Without both of them you cannot vote. Your ID may be expired by no more than five years.
You colour in one box with the red pencil. Nobody may come with you, except in the case of a physical disability.
Democracy means: the majority decides. Rechtsstaat (rule of law) means: the majority must also obey the law, and minorities are protected. Those two together make a democratic rechtsstaat.
What that means in practice
What nobody is allowed to do
The Grondwet (Constitution) is the most important law of the country. All other laws must be in line with it. The first articles are about your rights.
| Right | What it means |
|---|---|
| Equal treatment | Everyone is treated equally in equal cases; discrimination is forbidden (article 1) |
| Freedom of religion | You may believe what you want, and express that too — or believe nothing |
| Freedom of expression | You may say and write what you think, also about the government. Inciting hatred and discrimination is not allowed. |
| Freedom of association and assembly | You may join a club, a trade union or a party, and demonstrate |
| Inviolability of the body | Nobody may touch you or do anything with your body without your permission |
| Right to education | Education is free, and there is leerplicht (compulsory education) for children |
Fundamental rights sometimes clash with each other — freedom of expression against the ban on discrimination, for example. In the Netherlands the judge then decides which right weighs more heavily in that case. Not the government, and not the majority.
The Grondwet is the highest national law and contains the fundamental rights, including the ban on discrimination in article 1. Other legislation must be in accordance with the Grondwet.
Sources: wetten.overheid.nl — Grondwet · wetten.overheid.nl — Artikel 1 Grondwet — accessed 23-08-2026
Amber van der Zalm · NT2 teacher
Students often find this theme abstract, until it is about their own life. Freedom of expression is an idea; that you may file a complaint against your gemeente and that a judge can rule against that gemeente is very concrete. For every fundamental right, look for one example from your own life — then it stays with you.
Eindterm 7.2 is about rules that you deal with in daily life.
From the age of 14 you must be able to show your identity document if a police officer or an inspector asks for it.
Children from 5 to 16 years old must go to school, and after that the kwalificatieplicht applies until the age of 18 or until a startkwalificatie (basic qualification).
Man and woman are equal before the law. Forced marriage, child marriage and polygamy are forbidden in the Netherlands.
Violence against your partner or your child is a criminal offence. For help and advice there is Veilig Thuis, also anonymously.
Bicycle lights, no alcohol on the road, and no phone in your hand — not even on a bicycle.
Not sure whether something is allowed? Ask the Juridisch Loket (free legal advice desk) or your gemeente before you do it. In the Netherlands not knowing is no excuse, but asking for help is free and normal.
As situations about rights: may someone say this, may an employer ask this, who actually decides here? The safe line is: everyone equal, the judge decides, the government is under the law too.
Practise this theme with exam questionsDemocracy, fundamental rights and the judge — with an explanation after every answer.
Start a free practice examThe government, and it consists of the king and the ministers. But the king does not govern: he is inviolable and mainly has a ceremonial role. The ministers are responsible for policy and answer to the parliament about it.
The Tweede Kamer has 150 members and is elected directly by the voters. That chamber takes part in making laws, may change them and monitors the government. The Eerste Kamer has 75 members, is elected by the Provinciale Staten, and only looks at whether a law is sound and workable: yes or no, without changing it.
For the gemeenteraad usually yes, if you have lived in the Netherlands lawfully for long enough. For the Tweede Kamer and the Provinciale Staten you need Dutch nationality. If you have the right to vote, a stempas is sent to your home automatically.
A country in which everyone must obey the law, including the government itself. Judges are independent, you are innocent until the opposite is proven, you have the right to a lawyer and you can appeal. That also protects minorities against a majority that wants something else.
That everyone who is in the Netherlands is treated equally in equal cases, and that discrimination is not allowed — not on grounds of religion, belief, political opinion, race, sex, disability or sexual orientation, and not on any other ground either.
Reviewed by Amber van der Zalm, certified NT2 teacher — August 23, 2026 This page is a translation of that reviewed Dutch text; the translation itself was not reviewed. The Dutch version is the source.