We should cherish our 200-year-old Constitution – the second oldest in the world – more, because unknown is unloved. While an old constitution actually contributes to prosperity. That is what Professor of Constitutional Law Wim Voermans says in a special on the constitution of De Gids. On March 27, he hands over a copy to Minister Plasterk.
According to a 2008 survey, most Dutch people consider the Constitution important. But at the same time, more than three quarters indicated that they had little or no knowledge of what it contained. And the Dutch are not proud of it. “The Constitution does not really live here”, says Voermans in his article Our old unloved constitution. We don't celebrate its existence like the Norwegians, for example, do with their annual Constitution Day. “The Dutch Constitution lives less and less in the heads and in the hearts.” On March 29, a constitution festival in The Hague will now celebrate its 200th anniversary.
National unity symbol
That unloving approach and unfamiliarity with the content can be harmful, Voermans warns. He observes a erosion of constitutional awareness among politicians. Voermans:“There is a reluctance to let the judge look at whether laws do not conflict with the Constitution, fundamental rights are increasingly criticized and the rulebook for the relations between parliament and government sometimes seems unknown or gets in the way. ”
According to Voermans, we should value our constitution more as a symbol of national unity and achievements. The Dutch Constitution has held a polarized country peacefully together for two centuries.
The strength of the Constitution of 1814 is that, on the one hand, it offered a clear structure that still exists:national government, province, municipalities, water boards and an independent judiciary. On the other hand, the Constitution did not close everything, creating room for negotiation for opposing groups and movements. At the same time, the system protected the interests of minorities.
Voermans argues for a healthy balance between stability and adaptability. “The current Constitution is due for revision. There is not a word in it about the European Union, when it has become so important. And since 2000, government combinations have become increasingly unstable as large majorities are hard to find – perhaps a change in the electoral system could make the political landscape less fragmented.”
Greater chance of prosperity and stability
Having an old constitution usually pays off. Recent Leiden and American research shows that the older the constitution, the greater the chance of a high GDP per capita, lasting prosperity and political stability in a country. A democracy in which only the majority rules, quickly becomes unstable if the state structures and position of minorities are insufficiently anchored, according to Voermans. “It is not without reason that young democracies are also quickly drafting constitutions and hoping to attract investors who want stability.”