Grondwet en verworvenheden

Kuypers, G. (1966)

Article / Letter to editor

When drafting a constitution, it is not only the formulation that matters, but I also and above all the purpose for which the constitution is drafted. The purpose of a new Dutch constitution should be to safeguard the political achievements which are generally accepted and approved in our country. Therefore not a diminution, but an expansion of the size of the constitution is needed, i.e, a safeguard for as many achievements as possible. A constitution is not intended to solve political disputes, but to lay down generally accepted solutions — discussion is only possible about the question of which solutions are sufficiently ‘generally accepted’ to be included in the constitution, and about the removal of barriers to these solutions within the constitution itself. The authors of the ‘Concept of a new Constitution’ have intended to enhance 1 its normative character by omitting ‘non-juridical and programmatic articles’ and j ‘definitions of the purpose of the governmental activity’, ! Matters mentioned in the constitution should be binding — the pretended contrast between ‘juridical’ and ‘programmatic’ is irrelevant. ‘ ‘Purposes’ can be subdivided into ‘program issues’ (i.e. situations to be realised in the future) and ‘achievements’ (id. ., in the present) — the authors of the ) Concept make a mistake in throwing away all ‘purposes’ along with the ‘program issues’. Ï Among the generally accepted political achievements are the basic social rights. 2 In the concept they are only mentioned in article 69 (‘the law lays down rules ' about the social rights of the residents’), without further explanation, because Î ‘it is superfluous to give an explicit formulation of these rights, as far as they are 5 already incorporated in the national legal system’ (p. 139). ( Basic social rights can be defined as ‘the claims of men and groups to (an) active j governmental interference, which purports to a removal of the barriers between 3 man and his development.’ Examples of these are the right to employment, j vacation, educational facilities, financial aid in case of sickness, old age, disability ! and unemployment; medical care, workers’ participation in industrial management, profit-sharing, pensions, and subsidies. In Dutch law none of these rights exists as such, although there is a good deal of regulation on these points to be found in the legislation. ' These basic social rights should be included in the constitution.

• All authors: Kuypers, G.
• Date: 1966
• Journal: Acta Politica
• Volume: 2: 1966/1967
• Issue: 2
• Pages: 89 - 100