The Concept for a new Constitution’ gives deplorably few guarantees for the organizational unity of administration, which is so greatly needed in our country. From an organizational point of view,... Show moreThe Concept for a new Constitution’ gives deplorably few guarantees for the organizational unity of administration, which is so greatly needed in our country. From an organizational point of view, it is a fatal misunderstanding to put together under one title ‘Legislation’ and ‘Administration’, two such totally different public institutions as parliament and government. We need a clear, separate regulation of our administration, which would enable us to use modern and more efficient administrative techniques. Especially the hierarchical principle should be followed more consistently than it has been up till now: one officeholder, i.e. the prime minister, should be constitutionally responsible for the good operation of our administration. A separate chapter of the constitution should be called ‘Administration’; the first articles of this chapter could be: 1. the prime minister is head of the administration; 2. the organization and operation of the administration are established by law. The author sees no need to have the general principles of administrative law established by law, as proposed, in addition to general rules concerning the operation of the administration. There is a desperate need for a doctrine for the modern democratic administration, based on law, administration studies and practice. Show less
The author discusses the problems faced when one uses foreign or professional expressions in a Dutch context. Should professional terms that originate in the foreign language, such as ’support’, ... Show moreThe author discusses the problems faced when one uses foreign or professional expressions in a Dutch context. Should professional terms that originate in the foreign language, such as ’support’, ’demands’, ’feedback’ etc. be laboriously translated into Dutch or should be left untranslated? That is a question which is continuously tackled by Dutch scholars, especially in fields — such as political science — where the main body of literature is in English. Besides the translation problem there is the problem of the use of professional language. The author concedes that especially in political science there exists a need for professional terminology, in view of the fact that in practical politics many words are used to persuade by' way of suggestion rather than to increase factual insight. He warns, however, against the use of professional words only for the sake of sounding professional. Moreover, although it is a worthy endeavor to strive for a completely unambiguous professional language, it will never be possible to succeed entirely in this task. As soon as the world outside the profession gets hold of such a term, its meaning is bound to change. The author warns against the hidden suggestive meaning words may contain. For example, in modern literature on international military strategy, the terms that are used may contain meanings which hide more than they reveal. The use of definitions and foreign expressions does not protect us from ambiguity and suggestive meanings. Therefore, it is wise to stay as close as possible to the normal spoken language and to translate, as much as possible, the foreign terms into Dutch. As long as the majority of the people in this country does not speak another language fluently, the use of Dutch, when writing for Dutch readers, should facilitate communication and preclude misunderstanding. Show less
After having stressed the importance of the organizational structure of the political parties in a democracy, the author examines the structure of the ten political parties which had, in the period... Show moreAfter having stressed the importance of the organizational structure of the political parties in a democracy, the author examines the structure of the ten political parties which had, in the period 1963—1967, representatives in the Second Chamber of Parliament, paying particular attention to the extent to which the members have a say in the party. On the basis of the different kinds of elections (local, provincial. First Chamber, Second Chamber) the organs of the party are divided into six levels (table 1). For each level the powers of the organs in question are discussed, in particular the power to elect, to nominate or to delegate individuals in the organs placed higher in table 1. The party-members, the lowest level in table 1, have only the power to elect, to nominate or to delegate for the next level. For all the other levels their power in this respect is indirect. In general it can be said that thè higher the level of the organ, the more indirect the power of the party-member is concerning the composition of that organ. In the composition of these higher placed organs, other organs — on the the composition of which the party members have no or little influence — have an important say. This kind of organizational structure may easiliy give rise to feelings of frustration on the part of the party-members and hampers their activation and participation. Show less
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... Show moreWhen 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. Show less
The authors of the proposals for a new constitution have performed their task skilfully, but their task was ill-conceived. Technical reasons are mainly given as arguments for the drafting of the... Show moreThe authors of the proposals for a new constitution have performed their task skilfully, but their task was ill-conceived. Technical reasons are mainly given as arguments for the drafting of the Concept: the present constitution was considered to be too lengthy and inconveniently arranged. With regard to these arguments, the author fails to see why the old text, which has proved its usefulness for the past 150 years, should disappear. The interpretations provided by constitutional lawyers are at present sufficient to understand the constitution. The author objects even more to the proposed substantial innovations, such as the changes in the legislative procedure, because, as far as there has been a real input of the political parties, this input is 8 or 12 years old (Van Schaik Commission 1954, Donner Commission 1958). For the more recent developments the authors of the Concept have been guided by their own ‘civil servants’ attitude, which is a-political or even anti-political. Proposals for political innovations should be initiated by the political parties, and not by a number of anonymous civil servants. Finally, the Concept in no way solves the great political problems of our country, such as the diminishing governability of the country resulting from the insufficient operation of the patty system. Show less
In every community people are continually subjected to political power. This leads to counter-forces, which differ in quantity and quality. One of these counterforces — political protest — differs... Show moreIn every community people are continually subjected to political power. This leads to counter-forces, which differ in quantity and quality. One of these counterforces — political protest — differs in several respects from opposition and rebellion. Opposition and protest are both directed against the government and governmental policy, but not against the regime, as is the case with rebellion. Both are non-violent, while violence is an important element in a rebellion. Opposition takes place according to carefully prescribed rules while political protest does not make use of the existing institutional channels. Though often strongly expressed, opposition can always be seen as a form of cooperation, political protest is obstruction, breaking laws and regulations in order to provoke the authorities to actions (even the use of violence) which will give the protests greater publicity and discredit the opponents. Opposition is directed against the entire governmental policy; political protest is directed against one or several parts of that policy. However, the protest can be a tactical means of a wider activity, which does intend to undermine and eventually to overthrow the existing regime. The effectiveness of political decisions is based on the degree to which relevant reactions to these decisions are foreseen. By smothering or ignoring these reactions the effectiveness or authority is promoted only in appearance. The stability of a political system is based on the degree to which that system is able to register and digest dissatisfaction and renew impulses. In view of those considerations political protest should be seen as a constructive element for the very reason that it operates outside the institutionalized channels. The official political institutions are created and manned by the establishment; they may sincerely strive for legality and fairness, but in social and political aspects they are not unbiased. Political protest creates an outlet for criticism, which prevents an accumulation of sentiments of dissatisfaction; it provides the authorities with more extensive information about resistances within the population than the constitutional institutions can offer; it provides the citizen with a possibility for greater variance in his political behavior than would be possible otherwise. Political protests and the freedom of demonstration which is needed for it, should be hindered as little as possible. Show less
The praiseworthy intention of the authors of the Concept to pave the way for possible constitutional developments by a curtailment of the constitution’s size, has unfortunately not been accompanied... Show moreThe praiseworthy intention of the authors of the Concept to pave the way for possible constitutional developments by a curtailment of the constitution’s size, has unfortunately not been accompanied by a clear insight into future social, economic and political developments. These could stimulate, or even necessitate, an easier procedure of revision of the constitution. The Concept was drafted by a group of civil servants, assisted by juridical advisers, — a fact that made it only a technical revision with a conservative flavour. One of the important problems concerns the cabinet formation with its consultation procedure. The present system keeps the parties from binding themselves to coalition partners before the elections — a deplorable situation. The abolishment of political parties would not be very realistic, for political parties are more than mere rationalistic ‘channels of political opinion’ — their life and function is based above all upon their social roots. The same applies to a revision of our electoral system; the distribution of the votes is determined by these same social forces rather than by the system. These social factors also make the use of compromise and coalition inevitable. In the author’s view, the solution lies in a revision of the formation procedure, which would enable the parties to present to the electorate several alternative coalition governments before the elections (by way of combining their lists). On this point a revision of the constitution, although not formally required, deserves recommendation. Show less
This article is an extensive review of G. A. Almond and S. Verba, The civic culture: political attitudes and democracy in five nations, Princeton, N.J., 1963. The study is one of the first... Show moreThis article is an extensive review of G. A. Almond and S. Verba, The civic culture: political attitudes and democracy in five nations, Princeton, N.J., 1963. The study is one of the first important works in the new branch in political science — comparative politics. It certainly is a trend setter in the behavioral approach to the cross-cultural study op political phenomena and as such its value can hardly be overestimated. The central question asked by the researchers is whether a significant correlation or congruence between the subjective experience among citizens exists — political culture — and the working of the political systems they live in. An effort is being made to measure the attitudes of citizens in systems ‘democracies’ towards their governments and their own place and role as citizens. The main criticisms are directed against the use of the concept ‘culture’ — exclusively operationally defined —, the more or less arbitrary way in which the democracies are differentiated and the fact that the authors do not pay much attention to intervening variables between what they call the micro level of attitudes and the macro level of systems variables — in spite of their promise to do this. These criticisms are mainly an expression of disappointment,, in view of the importance, scope and costs of this study. Show less
Characteristic for the Concept as a whole is its — generally laudable — curtailment and simplification. In the field of ‘public bodies’ details as well as more important principles have become... Show moreCharacteristic for the Concept as a whole is its — generally laudable — curtailment and simplification. In the field of ‘public bodies’ details as well as more important principles have become victims of this modernization. Undoubtedly this opens new and valuable possibilities for the legislator, especially in the field of municipal and provincial administration. An essential lack, however, is the omission of a clear statement of the principle and the main instruments of functional and territorial decentralization, a principle that is called a postulate’ in the explanatory statement of the Concept itself. The author deplores especially the proposed omission of the constitutional guarantee of a certain amount of autonomy of the townships and provinces, as is provided in the present constitution. He rejects the argument that no program issues, however important, should be included in the constitution. A principle such as that of decentralization, essential as it is for our legislation, deserves a place in our constitution. 'The author uses quotations from the constitutions of several European countries to demonstrate that the principle of decentralization is usually embedded in their constitutions. In a detailed, flexible constitution this principle would deserve extensive elaboration; in a constitution such as the authors of the Concept would like to see — i.e. a rigid, concise and formally juridical one —, it should at least be mentioned as a main principle. Show less
(1) The Provinciale Staten (Provincial Estates) elections of March 23, 1966 resulted in the largest shifts in the relative strength of the participating political parties after the second world war... Show more(1) The Provinciale Staten (Provincial Estates) elections of March 23, 1966 resulted in the largest shifts in the relative strength of the participating political parties after the second world war (Table I). The following points are discussed; a. The number of floating voters, the directions of their floating and their motives; b. these changes more specifically as an explanation of the losses and gains in electoral strength of four parties (Labour, Pacifist Socialist, Farmers and Liberals); c. the influence on the floating voters of the newspaper combination De Telegraaf/Het Nieuws van de Dag. (2) Use has been made of relevant questions and answers in interviews from a research project intended to clarify the nature of the floating voter as such. (3) The project being a follow-up study confined to Amsterdam the conclusions are only applicable to Amsterdam and that part of the Amsterdam electorate that already had the right to vote in May 1963. (4) As far as party choice is concerned the sample appears to be reasonably representative of election results in 1966 and 1963 (Table III). Gomplementary data on first time voters (in 1966) were obtained from another research project. Addition of these data made the sample slightly more representative (Table IV). (5) In this sample of 764 voters at least 16,05% of them must have floated to obtain the changes between 1963 and 1966 in relative strength of the parties, as represented in the sample. The actual floaters in the sample add up to 31,7% of the sample. The minimal amount of floaters sufficient to explain the shifts in the Amsterdam electorate being 15,1%, the number of floaters in that electorate must have been somewhere in the neigbourhood of 30%. That is 30% of about 90% of the total electorate, the 10% first time voters nog having been taken into account. Therefore, between 35% and 40% of the total Amsterdam electorate must, for one reason or another, have changed its electoral behaviour in 1966 as compared to its behaviour in 1963 (Table V) (6) _ 7. — 8. — 9. A survey is made of the motives of the main groups of floaters in the sample. (10) About 45% of the sample either subscribes to or regularly reads one of the two newspapers of the Telegraaf combination; 60% of the floaters in the sample are to be found in this group. A relative large number of those who floated away from the Labour Party and of those who floated towards the Farmers Party are also found in this group. The two newspapers continuously attacked the Labour Part;’ over a period of a year and gave ample coverage to the Farmers Party since 1963. Show less
