[pp.int.general] purpose of manifesto
Reinier Bakels
r.bakels at planet.nl
Thu Jan 29 15:53:14 CET 2009
> As I mentioned before, it may be possible to change what the
> constition implies about this kind of case, by adding new articles
> whose effect would be to prevent article 14 from applying to this
> issue.
As I mentioned before, it is the substance rather than the for that decides
whether the constitutional provision would apply. And it would *of course!*
be inconsistent if ordinary statutes could decide whether constitutional
rules apply! Conceivably that would allow the constitution to be
circumvented at will ...
But I will give you another clue. The German constitution (art. 14(2) GG)
say - just in very general terms - that property do nou just give rights,
but also obligations, towards society, the so-called "Sozialbinding des
Eigentums" (social connection of property). While it is pretty vague, the
intent is unmistakenly that proprietors should not just pursue their own
interest. I am unaware whether there are similar provisions in other
constitutions.
reinier
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