The transfer of the Netherlands Government to London involves a number of legal aspects which are of great interest. In the first place, the term "government" deserves a closer scrutiny. Under an absolute monarchy or a totalitarian form of government the king or ruler combines the legislative, executive and judicial powers. Under a democracy or a constitutional monarchy the situation becomes far more complicated.
It is stated in the Netherlands Constitution that the executive power is vested in the king. The legislative power, however, is exercised by the king and States-General together. Thus, if, as in the case of the Netherlands, the monarch leaves the country with his cabinet members and a number of government officials, we have a complicated situation-the legislative power, as exercised by the military rule of the invader, is separated from the part of the legislative power which is vested in the king as well as from his executive power, which, however, becomes problematic if actual power fails.
THE LEGAL STATUS OF THE NETHERLANDS,
Mich. L. Rev.
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