speech, and equality before the law in all matters pertaining to
the protection of person and property. It likewise undertakes to
guarantee the individual against partiality and arbitrariness in the
administration of justice. Except in unusual cases, prescribed by law,
no one may be taken into custody except upon a warrant issued by a
judge, stating specifically the reason for arrest. No one may be
removed against his will from the jurisdiction of the tribunal in
which he has a right to be tried. General confiscation of the property
of a person adjudged guilty may not be imposed as a penalty for any
offense. Save in exceptional cases, specified by law, or when in the
opinion of the judge public order and morals forbid, the sessions of
all courts are required to be public. Judgments must be pronounced in
public session. They must be accompanied by a statement of the
considerations upon which they are based, and, in criminal cases, by a
citation of the specific provisions of law upon which the sentence is
founded.[741]
[Footnote 741: Arts. 149-161. Dodd, Modern
Constitutions, II., 110-112.]
*585. The Courts.*--Justice is administered throughout the kingdom in
the name of the crown, and all judicial officers are appointed by the
crown. Within the constitution provision is made only for a supreme
tribunal known as the High Court (_Hooge Raad_) of the Netherlands,
sitting at The Hague. Minor courts exist by virtue of ordinary law.
The judges of the High Court, five in number, are appointed by the
crown from lists prepared by the lower house of the States-General.
The junctions of the High Court are of large importance. On appeal
from inferior tribunals it may annul any judicial proceeding, decree,
or judgment held by it to be unwarranted by law. It is charged with
the duty of seeing that suits are properly tried and decided, and that
judicial officials comply with the laws. Inferior judges are appointed
normally for life, but under conditions prescribed by law they may be
dismissed or relieved of their duties by decision of the High Court.
Finally, the High Court constitutes a tribunal before which, upon
charges brought by either the sovereign or the lower chamber, members
of the States-General, heads of the ministerial departments,
governors-general, members of the Council of State, and commissioners
of the crown in the provinces, may be prosecuted upon charge of
offenses committed
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