The Dutch Supreme Court: A Reluctant Positive Legislator
CONSTITUTIONAL COURTS AS POSITIVE LEGISLATORS, A.R. Brewer-Carías, ed., Cambridge, 2011
48 Pages Posted: 5 Dec 2011
Date Written: 2011
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.
Keywords: supreme court, legislation, administrative
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