The Dutch Supreme Court and Parliament: Political Decisionmaking Versus Nonpolitical Appointments

Abstract

The Hoge Raad der Nederlanden (Dutch Supreme Court), founded in 1838, has grown from an insignificant body to a politically important institution in Dutch society. Partisan politics, however, does not influence appointments of justices, although the formal procedure of appointments gives the lower house of Parliament ample opportunity to exercise such influence. This nonpolitical appointment to a highly politically active highest court is unique among highest courts in Western democracies. In this article, I examine the history of both the decisionmaking of the Court and the appointments of justices and suggest explanations for the disparity between the political role of the Court and the nonpolitical appointments. I also compare the Dutch exception to the practice of highest courts in other Western democracies, concluding that there is evidence that partisan political interference in appointments to the Dutch Supreme Court will grow in the future.