De discussie over de Proeve

Abstract

The author discusses commentaries by eight leading Dutch political scientists and jurists on the ’concept’ of a new constitution (Acta Politica vol. II : 2, pp. 85—140). The ’concept’ was put out by the Netherlands Ministry of the Interior in the spring of 1966, in order to start a public discussion on revision of the constitution. The article is a paper presented by the author at a meeting of the Netherlands Political Science Circle in March 1967. The author, himself a jurist, claims to be disappointed by the responses given by the political scientists to the challenge of the ’concept’. Their criticism was not constructive, as they failed to point out what the ’concept’ should have contained. Most of the commentators did not deal with the central question as to what the function of a constitution should be. Mt. Donner defends the initiative of Mr. Toxopeus, then Minister of the Interior, who requested a group of civil servants to draft the present ’concept’. He prefers this method to a discussion about a number of drafts prepared by the various political parties. The ’concept’ should be the beginning of discussions among politicians and other experts, which should be held in and around a national commission for constitutional reform. Only after these discussions have taken place should formal proposals for changes in the constitution be presented to the parliament. The ’concept’ should be seen as offering the opportunity for the enactment of more drastic renewals, Donner agrees with Kuypers that the constitution should safeguard the political achievements which are generally accepted and approved. It can never solve political problems. It can only set the historical and juridical framework within which the solution must be sought. It guarantees that, in solving political problems, no lasting and generally accepted values will be affected. Political scientists would be wise in paying a great deal of attention to this important document. This would help to achieve the necessary better communication between jurists and political scientists in this country,