mr.drs. (Maurits) MM Helmich

mr.drs. (Maurits) MM Helmich
PhD Candidate Erasmus School of Law Sociology, Theory and Methodology
Location
Burg. Oudlaan 50, Rotterdam
Room
L6-103
Telephone
+31104088161
Email
helmich@law.eur.nl

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It is often said that judges ought to refrain from getting involved with politics, and should instead stick to passing principled legal judgment. What that entails in practice, however, is not immediately clear. Some believe that it means that judges should entertain a certain amount of constitutional deference, leaving to the other branches of government what properly belongs to the domain of 'politics'. Others rather infer a norm of interpretive fidelity, demanding that judges are not lead by considerations that are not justified by the legal sources as such. Where proponents of these different conceptions disagree, however, remains largely a puzzle, and the applicative scope of norms of judicial 'apoliticality' is far…

It is often said that judges ought to refrain from getting involved with politics, and should instead stick to passing principled legal judgment. What that entails in practice, however, is not immediately clear. Some believe that it means that judges should entertain a certain amount of constitutional deference, leaving to the other branches of government what properly belongs to the domain of 'politics'. Others rather infer a norm of interpretive fidelity, demanding that judges are not lead by considerations that are not justified by the legal sources as such. Where proponents of these different conceptions disagree, however, remains largely a puzzle, and the applicative scope of norms of judicial 'apoliticality' is far from uncontroversial.

In his research, Maurits Helmich seeks to structure the debate by examining a set of case studies where critics have accused courts of playing an overly 'political' role. In reconstructing the logic underlying these constitutional controversies, Maurits tries to explicate the disagreement in terms that can be agreed upon by all parties to the dispute. Hopefully, this helps facilitate a deeper understanding of what it means to say that judges should rule 'apolitically', and how different manifestations of this notion are themselves rooted in deeper judgments of politico-moral value.

Supervisor: Prof.dr.mr. W. van der Burg

        • M.M. Helmich (2019, juni 13). In Defense of a Non-jusitificatory Jurisprudence. Campus University of Minho, Braga, Portugal, Braga Meetings on Ethics and Political Philosophy.
        • M.M. Helmich (2019, mei 24). Are Normative Theorists Required to Take Sides? Roterseiland Campus, Amsterdam, Amsterdam Graduate Conference in Political Theory.
        • M.M. Helmich (2019, februari 13). Conceptualizing the Judge. Three Archetypes. Woudestein Campus, EGSL lunch lecture.
        • M.M. Helmich (2019, juni 6). Restraint as a Foundation for Judicial Neutrality? Three Non Sequiturs. Museum Catherijne Convent, Utrecht, VWR Voorjaarsvergadering.
        • M.M. Helmich (2019, april 15). The Spanish-Catalan Conflict. A Legal-philosophical Analysis. Woudestein Campus, STaM section seminar.
        • M.M. Helmich (2019, februari 16). Is Legal Philosophy a Branch of the Moral Philosophies? Warwick University, Warwick Graduate Conference in Political and Legal Theory.
        • M.M. Helmich (2018, juni 19). Understanding the Catalan Constitutional Crisis: A Philosophical Analysis. Washington, D.C., ATLAS Agora.
        • M.M. Helmich (2018, april 20). A Method for (Applied) Jurisprudential Analysis. Woodbrooke, Barchem, OZSW Spring School.
        • M.M. Helmich (2018, februari 17). Legal Elasticity: Conceptualizing the Gap Between Law's Form and Substance. Warwick University, Warwick Graduate Conference in Political and Legal Theory.
        • M.M. Helmich (2018, januari 2). Legal Elasticity. On the Potential Influence of (Moral) Convictions in Law. Woudestein Campus, VWR Wintervergadering.
        • M.M. Helmich (2017, november 1). Interdisciplinary Dialogue in Legal and Political-philosophical Discourse. Woudestein Campus, INFAR graduate students seminar.
        • M.M. Helmich (2018, november 30). Is Legal Philosophy a Branch of the Moral Philosophies? Kraków, Law and Mind 2: Legal Intuitions.
        • M.M. Helmich (2018, april 24). Understanding the Catalan Constitutional Crisis: A Philosophical Analysis. King's College London, International Graduate Legal Research Conference.
  • Juridisch-Academische Vaardigheden III

    Title
    Juridisch-Academische Vaardigheden III
    Year
    2019
    Year level
    (bachelor 3)

    Juridisch-Academische Vaardigheden III

    Title
    Juridisch-Academische Vaardigheden III
    Year
    2019
    Year level
    (bachelor 3)
  • PhD Candidate

    University
    Erasmus University Rotterdam
    School
    Erasmus School of Law
    Department
    Sociology, Theory and Methodology
    Country
    The Netherlands
    Telephone
    +31104088161

Address

Visiting address

Burg. Oudlaan 50 3062 PA Rotterdam

Postal address

Postbus 1738 3000 DR Rotterdam