The Influence of the trias politica of Montesquieu on the first Dutch Constitution

This contribution is about the influence of the trias politica on the first Dutch Constitution of 1798. It deals with the ideas of a great French lawyer and with a typical French ‘product’ which was introduced in the Netherlands during the period of the Batavian Republic (1795-1806). The trias politica had a great impact not only in France but also in the former Dutch Republic. The theory of dividing powers was a new phenomenon in the eighteenth century and is still considered as one of the most important basics for the rule of law. In this contribution an explanation of the creation of the Batavian Republic is given as this period is important for the Netherlands because of the introduction of the first Dutch Constitution. This contribution shows the influence of the trias politica of Montesquieu on the first Dutch Constitution.