overgangsrechten

Overgangsrechten is a Dutch term that translates to "constitutional rights" or "transitional rights" in English. These rights are constitutional safeguards that are not explicitly mentioned in the Dutch Constitution as permanent rights, but are considered to be essential principles underpinning the constitutional structure of the Netherlands.

Overgangsrechten are established through judicial precedent, statutory law, and international law, which have been incorporated into Dutch constitutional law through the country's history. They provide a framework for the interpretation and application of the Constitution, ensuring that its provisions are enforced in a way that respects fundamental human rights and freedoms.

Examples of overgangsrechten in the Netherlands include the right to a fair trial, the right to privacy, and the right to protection against disproportionate use of coercive state power. These rights are considered to be implicit aspects of the Constitution and are often invoked in judicial proceedings to protect individual rights.

The concept of overgangsrechten is significant because it allows the Dutch judiciary to adapt the Constitution to changing social and political realities. Overgingrechten provides a means for the courts to develop new interpretations of the Constitution that are consistent with its underlying principles and values. This approach is seen as essential to the Netherlands' constitutional system, as it helps to balance individual rights with the need to protect the greater good.