A Proposal for a Constitutional Amendment: Fundamental Social Rights

Social fundamental rights form the foundation of the welfare state. They pertain to efforts by the government and citizens in areas such as legal aid, assistance in finding employment, economic security, a healthy environment, health, and housing. Suppose that the repeal of the constitutional prohibition on judicial review were to extend to social fundamental rights as well, and that an opportunity were to arise to reformulate these fundamental rights. Where might such a reformulation lead? That question is central to this “Draft Constitutional Revision,” to which 23 authors—most of them young legal scholars—have contributed: some as authors of explanatory notes to the constitutional texts, others as rapporteurs on specific topics, or as representatives of civil society organizations. With this proposal for constitutional revision, fundamental social rights will be more clearly articulated than is currently the case. Citizens will be granted clearer entitlements that serve as a guide for policy and legislation. At the same time, citizens will be able to bring shortfalls in the realization of fundamental social values before the courts.