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Constitutional and administrative law

The Constitutional Design Lab

As part of The Hague Law Labs, the Constitutional Design Lab has organised four major events in cooperation with various national and international partners.

On 11 November 2016 we organised, in collaboration with the Italian Association for European and Comparative Law, ‘The Dutch Constitution Beyond 200.’ The aim of this conference was to learn from the rich and innovative Dutch constitutional tradition, in a comparative setting and in dialogue with international scholars. Papers were presented on a variety of topics, including the Dutch system of human rights protection, decentralisation, constitutional review and the parliamentary system. The conference was an opportunity to further the debate on constitutional review in the Netherlands using comparative insights and to share Dutch experiences with foreign scholars.

On 7 December 2016 we have welcomed Professor Richard Albert (Boston College) – currently one of the most prominent authors in the field of constitutional design. Professor Albert spoke about the challenge of  Constitutional Change. Many consider this to be the most important dilemma in constitutional design; trying to reconcile the need for a constitution to offer stability and the need for it to be adaptable to changing circumstances in order to remain relevant. How do constitutional designers balance these demands? This question was central to Professor Albert’s lecture.  

Next, on 9 December 2016, we discussed the question ‘Should every written constitution include an eternity clause about constitutional democracy?’ Currently 78 states use this measure of protection in their constitution to prevent the democratic abolition of democracy. The constitution of the Netherlands does not include such a provision; a two-thirds majority would be able to implement any constitutional reform. Should the Dutch also ‘immortalise’ democratic rule of law? And if so, how? Current politics renders this question even more relevant.  

International (peer-reviewed) Publication of the Hague Constitutional Design Lab, published in the Cambridge Journal of International and Comparative Law.

Furthermore, The Hague Constitutional Design Lab, in cooperation with Tilburg University and International IDEA organised a conference on Next Generation Constitutional Drafting and Deliberation Tools at the Hague City Hall in March 2017. Distinguished scholars, including Professor Tom Ginsburg (University of Chicago) and Professor Zachary Elkins (University of Texas at Austin) have visited the Hague to discuss and develop the most recent methods in constitutional design.

 

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