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The Theoretical Perspective
rules and principles are definitive and prima facie reasons does not clarify what they are reasons for. Principles are on the whole relatively general, because they have not yet been related to the possibilities of the factual and normative world. When they are related to the boundaries of the factual and normative world, they produce a differentiated rule system. The idea of a principle-dependent differentiated rule system becomes more significant when we discuss some objections to the supposedly arbitrary nature of their balancing. The criterion of generality is only somewhat accurate, because some norms are of such a high degree of generality that they are not recognized as principles. There can be three objections to principles: the invalidity of principles, the absolute character of principles, and the breadth of principles. Invalidity of principles is concerned with extremely weak principles, that is, with principles which in no circumstances take precedent over other principles. Absolute principles are extremely strong principles, that is, principles which in no circumstances are preceded by other principles. We speak about the breadth of principles when they can be related both to individual rights and to collective interest.53 According to Dworkin, principles are only those norms which can be offered as reasons for individual rights.54
(f) Principles and proportionality The theory of principles and the principle of proportionality are related to each other. This connection is as close as it could possibly be. The nature of the principles implies the principle of proportionality and vice versa. This means that the principle of proportionality, with its three sub-principles of suitability, necessity, and proportionality in its narrow sense, logically follows from the nature of principles when principles are regarded as optimization requirements. In the theory of constitutional rights, three models have been developed: the model of pure principles, the model of pure rules, and the model of rules and principles.55 Here the focus is on principles of good governance. The next section adds some theories of principles and values.
5. Good Governance and Integrity In the special good governance edition of the Netherlands Journal of Public Administration56 it was noticed that good governance entails, in addition to identifying principles or values, the search for principles and includes situations where principles or values are in fundamental conflict with each other. These conflicts need to be solved on a case-by-case basis, yet without arbitrariness or sole pragmatism. Furthermore, different approaches from the subjects mentioned may give rise to deeper reflections. This interrelationship between principles and the relationship between principles and values are treated in greater detail later.57
(a) Principles and values of public law The concept of public values has become more visible in research and academic debates in various disciplines.58 These values entail questions about good and evil, about
53 56
Alexy 2002, 61. Bestuurskunde 2011.
54
Dworkin 1977, 82–90. 57 Huberts 2014.
58
55 Alexy 2002, 69. De Graaf and others 2011, 8.
