scholarly journals Deference to the Administration in Judicial Review: The Case of the Netherlands

2019 ◽  
pp. 327-344
Author(s):  
Tom Barkhuysen ◽  
Michiel L. van Emmerik
Keyword(s):  
The Netherlands ◽  
Judicial Review

Constitutional Review by the Judiciary in the Netherlands: A Bridge Too Far?

2010 ◽  
Vol 11 (2) ◽  
pp. 275-290 ◽  
Author(s):  
Gerhard van der Schyff
Keyword(s):  
United States ◽  
The Netherlands ◽  
Supreme Court ◽  
Judicial Review ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Constitutional Review ◽  
Judicial Control ◽  
Chief Justice

One could be forgiven for thinking that constitutional review by the judiciary is invariably part of modern constitutionalism. Gone are the days that constitutions contained provisions that prevented the courts from testing the constitutionality of legislation, such as section 59 of South Africa's now repealed Constitution of 1961 that forbade the courts from inquiring into or pronouncing on the validity of legislation. It has come to be accepted in many quarters that a constitution presupposes judicial review in some form or another in gauging the integrity of legislation, instead of only relying on legislative wisdom as before. An attitude that echoes the views expressed inMarbury v. Madisonby Chief Justice Marshall of the United States Supreme Court, that by its very nature a written constitution implies judicial control. However, the Constitution of the Netherlands proves to be an exception in this regard, as section 120 states emphatically that:The constitutionality of Acts of Parliament and treaties shall not be reviewed by the courts.

DRUG-ASSOCIATED ANAPHYLAXIS: 20 YEARS OF REPORTING IN THE NETHERLANDS (1974-1994) AND REVIEW OF THE LITERATURE

1996 ◽  
Vol 26 (12) ◽  
pp. 1355-1363 ◽  
Author(s):  
M. M. van der Klauw ◽  
J. H. P. Wilson ◽  
B. H. Ch. Stricker
Keyword(s):  
The Netherlands ◽  
Review Of The Literature
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