Constitutional friction and the voice of the underrepresented: using the freedom of expression as a bottom-up mechanism for change

Constitutions are legal constructs that codify human rights, among other things. In a constitution, we typically find normative minimum standards that regulates the relationship between a government and its citizens, and also the relationship between citizens. Constitutional provisions also offer exception clauses that may lead to a deviation from the minimum standard, mostly under very strict conditions. This is often done in the realisation that one right may stand in the way of implementing another: the issue of conflicting fundamental rights. A constitution therefore also mitigates between these rights, and should offer solutions for how to deal with situations in which there is a friction between such rights. In this chapter, we introduce several case studies in which the friction between fundamental rights is used to help those who do not feel heard or who feel underrepresented in exercising their fundamental human rights. We demonstrate how we can use storytelling and other creative methods to effectively establish a bottom-up approach in empowering these individuals, and enabling them to, for instance, make a living by using the constitutional friction to their benefit. We focus on three recent research initiatives in the Netherlands by social designers: the In Limbo Embassy, the Building Deposit, and the Image Depot. These initiatives have a common goal: to improve the human right conditions of the underrepresented and marginalised. The constitutional friction is thereby used as a playground in which to experiment and explore.