mr. M. (Michiel) Duchateau
Lecturer constitutional law
Expertise
In his research, Michiel Duchateau mainly focuses on two main themes:
The first is Europeanisation of constitutional law of the Member States of the European Union, meaning adaptations in constitutional law that are directly or indirectly, and voluntarily or involuntarily the result of European Union membership. A few examples of questions that are central to this are: How do the sovereignty, democracy and constitutional identity of the Member States relate to the law of the European Union? How is it ensured that the House of Representatives can effectively check ministers if they, as members of the (European) Council, take part in decision-making at EU level? How does the European task of the national judge relate to his commitment to the national constitution? How and why does the Netherlands deviate so strongly from the other Member States in the way in which we deal with the influence of the EU on constitutional law?
The second main theme is the position of courts, and then especiallty their competence of constitutional review. That certainly is a matter of europeanisation as well, but has recently become especially relevant in the Dutch national context. For instance, a question is how, and to what extent Dutch judges should have the power to review the conformity of parliamentary legislation with unwritten legal principles of administative law.
More generally, Michiel also an interest in questions of vertical division of power (such as federalism and confederalism), in democracy and representation and the position of judges in interpreting and forming the law.
Key concepts:
Europeanization of constitutional law - comparative law - (con) federalism - vertical separation of power - constitutional review - democracy and representation - (popular) sovereignty.
The first is Europeanisation of constitutional law of the Member States of the European Union, meaning adaptations in constitutional law that are directly or indirectly, and voluntarily or involuntarily the result of European Union membership. A few examples of questions that are central to this are: How do the sovereignty, democracy and constitutional identity of the Member States relate to the law of the European Union? How is it ensured that the House of Representatives can effectively check ministers if they, as members of the (European) Council, take part in decision-making at EU level? How does the European task of the national judge relate to his commitment to the national constitution? How and why does the Netherlands deviate so strongly from the other Member States in the way in which we deal with the influence of the EU on constitutional law?
The second main theme is the position of courts, and then especiallty their competence of constitutional review. That certainly is a matter of europeanisation as well, but has recently become especially relevant in the Dutch national context. For instance, a question is how, and to what extent Dutch judges should have the power to review the conformity of parliamentary legislation with unwritten legal principles of administative law.
More generally, Michiel also an interest in questions of vertical division of power (such as federalism and confederalism), in democracy and representation and the position of judges in interpreting and forming the law.
Key concepts:
Europeanization of constitutional law - comparative law - (con) federalism - vertical separation of power - constitutional review - democracy and representation - (popular) sovereignty.
| Last modified: | 22 July 2024 2.18 p.m. |