rechtsstatelijk

Rechtsstatelijk is a Dutch term used to describe a state or governance that adheres to the rule of law, i.e., the Rechtsstaat. It denotes a system in which public power is limited by law, actions of the state are legally grounded, and individuals’ rights are protected. The concept emphasizes that government authority is exercised under legal authorization and subject to checks and oversight.

Core elements typically associated with a rechtsstatelijk order include legality and legality control (government actions must have a legal basis and be enforceable), an independent judiciary with judicial review, and the protection of fundamental rights and equal treatment before the law. Additional features are the separation of powers, transparency and accountability of public authorities, proportionality and necessity in state measures, due process, and access to justice. Non-discrimination and the foreseeability of legal rules are also key aspects, ensuring that individuals can anticipate how power is exercised and challenge abuses.

Historically, the concept has roots in Enlightenment constitutionalism and has become central in modern constitutional democracies. In the Netherlands, as in many European countries, the idea is closely linked to constitutional law and EU principles, where the rule of law is a condition for membership and for the functioning of supranational legal frameworks. In political discourse, rechtsstatelijkheid is sometimes invoked to assess the quality of governance, and debates may address tensions between security measures and civil liberties or populist challenges to legal oversight.

See also: Rechtsstaat, rule of law, constitutionalism, separation of powers, independent judiciary.