Rechtswetgevers

Rechtswetgever is a Dutch term referring to the actor or body that has the authority to create legally binding rules. It is used in legal theory and public law to denote the source of law creation. The concept emphasizes that law originates from designated institutions with legitimate rulemaking power, and distinguishes this from the judiciary, which applies and interprets laws.

In constitutional democracies, the rechtswetgever usually comprises the legislative branch and, when authorized, the executive to issue general rules. The exact composition and competences depend on a country’s constitutional design. In the Netherlands, the primary wetgever is the legislature (Staten-Generaal), which enacts statutes (wetten). The government drafts and proposes laws, which Parliament debates and approves; royal assent completes the formal process. The Raad van State provides advisory opinions on proposed legislation and contributes to its preparation, while some administrative regulations can be issued under delegated authority.

Administrative regulations issued under this delegated power, such as ministerial regulations or general measures of administration (amvb), are also part of the broader regelgevende activiteit associated with the rechtswetgever, though they fall under executive power. The judiciary, in contrast, is responsible for applying and interpreting the laws created by the rechtswetgever.

The term is often used in comparative constitutional law to discuss differences in how various systems assign rulemaking authority, the legitimacy of the bodies involved, and the balance between legislative, executive, and judicial powers.