Theme 1: The legitimacy of the impact of law beyond the state on the rule of law in the Netherlands
The impact of law beyond the state on the rule of law in the Netherlands is heavily contested. There are positive appraisals (for example fundamental rights protection has been strengthened) and negative appraisals (for example loss of democratic legitimacy). There is debate on how the standards of the rule of law should be explained within a globalizing legal order (for example the proper role of the judiciary vis-à-vis the legislative and executive). And there is controversy over how deficiencies, such as they are, should be remedied.
The central research question is the following:
How do legal norms, institutions, mechanisms and processes beyond the state impact on democracy, the rule of law and effective legal protection within the Dutch state, and which (new) legal norms, institutions, mechanisms and processes beyond and within the Dutch state can facilitate, reclaim and strengthen democracy, the rule of law and effective legal protection within the Netherlands?
Projects theme 1
- A postwar history of the reception of international, European and transnational law in the Netherlands
- The judiciary and the separation of powers
- New mechanisms to strengthen democracy, the rule of law and effective legal protection in the Dutch multi-layered legal order
Research team
- Tom Herrenberg, Assistant Professor of Constitutional Law and Legal Theory
- Ronald Janse, Professor of Legal theory
- Marijke Malsch, Professor of Empirical Legal Studies
- Janneke Vink, Assistant Professor of Legal Theory
- Jan Willem Sap, Professor of European Law
- Mirjam van Schaik, Assistant Professor of Constitutional Law and Legal Theory
- Carla Zoethout,, Professor of Constitutional Law