This work presents a political biography of nineteenth century lawyer and statesman Dirk Donker Curtius. Donker advocated freedom of religion, speech and press through lawsuits, brochures and... Show moreThis work presents a political biography of nineteenth century lawyer and statesman Dirk Donker Curtius. Donker advocated freedom of religion, speech and press through lawsuits, brochures and articles and found himself at the centre of power amidst the 1848 political and societal developments. This dissertation reveals that Donker had a larger role than assumed in the Dutch liberal discourse in development of the liberal movement prior to 1848 and practical implementation of reformist ideas thereafter. Specifically, this study of Donker’s career argues that through his skilful and pragmatic service as Minister of Justice in the first years after the creation of the 1848 liberal constitution, he played a pivotal role in its consolidation and perpetuation. Show less
Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common... Show moreConstitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This work addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. Show less
