The Dutch Supreme Court: A Reluctant Positive Legislator
Jerfi Uzman
affiliation not provided to SSRN
Tom Barkhuysen
Leiden University - Leiden Law School
Michiel L. Van Emmerik
Leiden University - Leiden Law School
CONSTITUTIONAL COURTS AS POSITIVE LEGISLATORS, A.R. Brewer-Carías, ed., Cambridge, 2011
Abstract:
In this contribution, we describe the way the Dutch courts have - in a sometimes rigorous, sometimes cautious, and sometimes downright activist way - engaged in rights review of parliamentary legislation. As we will note, the case law of the highest courts shows a tendency to assume a positive lawmaking role in a limited number of cases.
In this contribution, we describe the way the Dutch courts have - in a sometimes rigorous, sometimes cautious, and sometimes downright activist way - engaged in rights review of parliamentary legislation. As we will note, the case law of the highest courts shows a tendency to assume a positive lawmaking role in a limited number of cases.
Number of Pages in PDF File: 48
Keywords: supreme court, legislation, administrative
Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1968356
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