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Article

Structuring the Judiciary to Conduct Constitutional Review in the Netherlands

A Comparative and European Perspective

Journal European Journal of Law Reform, Issue 4 2012
Keywords centralized/decentralized constitutional review, Netherlands constitutional law, comparative law
Authors Gerhard van der Schyff
AbstractAuthor's information

    Whether a legal system decides to centralize or decentralize constitutional review by the judiciary is dependent on various factors. This article critically considers a host of these factors, ranging from the separation of powers to the desire to bring about far-reaching constitutional change and the possible impact of membership of the European Union, in studying whether in the Netherlands constitutional review should be centralized or decentralized upon its possible introduction. The conclusion is reached that although decentralization can be opted for under the current circumstances, a persuasive case for centralization can also be made and might even become stronger and inevitable depending on the course of future constitutional reform.


Gerhard van der Schyff
Gerhard van der Schyff is Senior Lecturer in Constitutional Law at Tilburg Law School, The Netherlands.

Gerhard Walter
Professor of Private Law and Swiss and International Civil Procedure, Berne University.

Gerhard Wagner
Dr. Gerhard Wagner LL.M. is Professor of Fundamentals of Private Law at Erasmus University, Rotterdam, as well as, Professor of German and European Private Law and Civil Procedure at the University of Bonn.
Article

Germany Enacts Legislation on the Distribution of Remote Sensing Satellite Data

Legal Aspects of Satellite Applications: Navigation and Remote Sensing

Journal International Institute of Space Law, Issue 4 2007
Authors M. Gerhard and B. Schmidt-Tedd

M. Gerhard

B. Schmidt-Tedd
Article

Regulatory Framework for the Distribution of Remote Sensing Satellite Data: Germany's Draft Legislation on Safeguarding Security Interests

Legal Issues Related to New Developments in Space Applications: Navigation, Remote Sensing and GIS

Journal International Institute of Space Law, Issue 1 2005
Authors M. Gerhard and B. Schmidt-Tedd

M. Gerhard

B. Schmidt-Tedd
Article

How to Adapt the Present Regime for Registration of Space Objects to New Developments in Space Applications?

Other Legal Matters II, Including Legal Aspects of Property Rights on the Moon

Journal International Institute of Space Law, Issue 4 2005
Authors B. Schmidt-Tedd and M. Gerhard

B. Schmidt-Tedd

M. Gerhard

M. Gerhard

K.-U. Schrogl
Article

Project 2001: Recommendations of the Working Group on National Space Legislation

Emerging Issues of Interpretation and Application of Space Treaties

Journal International Institute of Space Law, Issue 1 2001
Authors M. Gerhard and K.-U. Schrogl

M. Gerhard

K.-U. Schrogl
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