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Staatsrecht en conventie in Nederland en het Verenigd Koninkrijk

On 2 September 2021, Gert Jan Geertjes defended his thesis 'Staatsrecht en conventie in Nederland en het Verenigd Koninkrijk'. The doctoral research was supervised by Prof. L.F.M. Verhey and Prof. W.J.M. Voermans.

Gert Jan Geertjes
02 September 2021
Leiden Repository

The text of the Constitution for the Kingdom of the Netherlands (de Grond- wet voor het Koninkrijk der Nederlanden) is sober, devoid of legal and political doctrine. Given the restrained character of its text, the Dutch constitution has always left relations within and between political institutions on the national level such as the government (the regering) and parliament (the Staten-Generaal, composed of the Tweede Kamer and the Eerste Kamer) fairly unsettled. Indeed, it is still uncertain which characteristics determine when rules in the political process could be fairly characterised as legal. Is the legal character of a rule dependent on its enforceability by the courts, on its ability to constitute an obligation that does not allow for deviations, or is there another characteristic that is more important for establishing the legality of a rule?

To answer these and other questions, a new perspective on the relation between law and politics in the Dutch constitution is required. This thesis aims to provide such a perspective by introducing the concept of conventions into Dutch constitutional doctrine.

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