Judicial review of government action and the separation of powers: please separate

 

James Ensor, Les bons juges, 1891

Questions concerning the climate and sustainability continue to stir up strong responses in society and are becoming ever more prominent on the agenda. These topics also raise important legal questions. A special blog series puts these important and wide-ranging issues in the spotlight. In this post, Jan-Baptist Lemaire sets out why the separation of powers-arguments often raised against judicial review of government action in climate cases do not hold.

Continue reading “Judicial review of government action and the separation of powers: please separate”

Judges vs the Executive Branch: Covid Restrictions and Dutch Courts

 

 

 

 

 

 

On 26 February, the Dutch Appeal Court of The Hague upheld the curfew imposed by the government to combat the covid-19 pandemic. According to Kyra Wigard and Arthur Dyevre, the case ties into the separation between the judicial and executive branch, while also highlighting the growing assertiveness of Dutch courts on matters of general policy-making. Continue reading “Judges vs the Executive Branch: Covid Restrictions and Dutch Courts”