
Contents
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Judicial Politics Hits the Polders Judicial Politics Hits the Polders
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Politics and the Judiciary in the Netherlands Politics and the Judiciary in the Netherlands
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Political Constitutionalism and ‘Weak Judicial Review’ Political Constitutionalism and ‘Weak Judicial Review’
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Institutional Equilibrium: Executive Discretion and a ‘Benign’ Judiciary Institutional Equilibrium: Executive Discretion and a ‘Benign’ Judiciary
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The Sub Judice Principle The Sub Judice Principle
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Politically Aloof Judges Politically Aloof Judges
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Respectful and Restrained Politicians Respectful and Restrained Politicians
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Forces of Erosion: Mutual Discomfort and Interventionism Forces of Erosion: Mutual Discomfort and Interventionism
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The Future of Judicial Politics in the Netherlands: An Agenda for Research and Reform The Future of Judicial Politics in the Netherlands: An Agenda for Research and Reform
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References References
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8 Judicial Politics in the Netherlands
Get accessStavros Zouridis, Professor at the Department of Public Law and Governance, Tilburg University
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Published:23 January 2025
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Abstract
In the Dutch constitutional tradition, political and judicial institutions are separated. Mutual respect for each other’s constitutional roles have characterized the relationship between parliament and government on the one hand and the judiciary on the other. Recently, this relationship has become distressed. Politicians nowadays openly criticize both court decisions and the performance of individual judges. Courts have shaken off their natural reservations about interfering with political processes. At least three forms of judicial politics seem on the rise. With their decisions, judges sometimes intervene directly in political processes such as the formation of groups in parliament. Judges also do not hesitate to rule on highly controversial political issues with high-impact judgments. As an institution, the judiciary has also been granted a right to advise on draft legislation. This new power further draws the judiciary into the political arena. This chapter sketches some research directions on the rise of judicial politics in the Netherlands. It appears that the rise of judicial politics is reshuffling the constitutional ensemble in the Netherlands, which, in turn, may affect the legitimacy of both politics and the judiciary.
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