Assistant Professor

dr. (Jurgen) J. Goossens

Erasmus School of Law

Constitutional Law

Erasmus University Rotterdam

Woudestein

Room: J6-68

T:+32 474 354250,

E: goossens@law.eur.nl

constitutional law, comparative constitutional law, human rights, administrative law, judicial protection against government, federalism

Rethinking the judicial guarantee of the rule of law in a globalising and (de)juridifying legal context

Role Researcher

How can the rule of law be upheld in a legal context that is charaterised by the trends of globalisations and privatisation? This question needs to be addressed in the current context of increased transnational interconnections between legal entities as well as the increased delegation of government tasks and powers to private agencies. In this context traditional perspectives on the enforcement of the rule of law by the three classic branches of government (legislative, executive and judicial) no longer suffice. A rethinking of the position of the three branches under the rule of law is therefore called for, taking into account the changes that currently affect the position of these brances. Firstly, the branches of government have to deal with the trend of globalisation. Secondly, the branches of government are faced with the trend of privatisation. The central research question is the following: To what extend extent do the role and reasoning of institutions of government, in particular the courts, change under the effects of globalisation and (de)juridification and how should these possible changes be assessed in the light of the constitutional frame of reference for the guarantee of the rule of law? This subprogramme's focus will be threefold. In the first part, focus will be on the institutional aspects of judicial decision-making. The second part will examine the argumentative aspects of judicial decision-making. Finally, the third pard will address the role of the judiciary in relation to the other branches of government focusing on the demarcation of their respective roles with regard to the guarantee of the rule of law.

Rethinking the Rule of Law in an Era of Globalisation, Privatisation and Multiculturalisation

Role Researcher

The research programme is the framework for the cooperation of Erasmus School of law scholars in constitutional and administrative law, criminal law, international law and European law, jurisprudence and legal philosophy. The programme is focused on problems of the rule of law as the common theme, but is organised in four disctinctive subprogrammes. Common to all conceptions of the rule of law is the idea that government decisions need to be subjected to legal rules in order to protect people from the arbitrary exercise of government power. A narrow understanding of the rule of law, as it is customary in Anglo-American jurisprudence, restricts the meaning of the concept to formal principles of governance by rules such as generality, prospectivity and publicity. A broad undestanding of the rule of law expands its meaning to include substantive values and rights such as equality, access to justice and human rights. Our conception of the rule of law is based on the idea of the "Rechtsstaat" as a compound of different principles, and is thus a broad understanding, taking on board formal principles of legality, separation of powers, human rights, access to justice, and democratic accountibility. The starting point for this research programme is the recognition that traditional understandings of legal concepts do not suffice in dealing with the problems of a world in which legal orders are increasingly intertwined and legal institutions become increasingly interdependent. Three broad trends are at the basis of this increasing complexity: globalisation, privatisation and multiculturalisation.

  • Vande Lanotte, J., Goossens, J. & Cannoot, P. (Eds.). (2016). Rechtsbescherming in het publiekrecht: kan er nog gebouwd worden in Vlaanderen? (Postuniversitaire Cyclus Willy Delva). Mechelen: Wolters Kluwer.

Migratie en participatie

Faculty Erasmus School of Law
Period BLOK 4
Year 2017-2018
Year level master Rechtsgeleerdheid / Staats- en bestuursrecht

Staatsrecht

Faculty Erasmus School of Law
Period B 1.1
Year 2017-2018
Year level bachelor 2 Bachelor Rechtsgeleerdheid / Vrijdagmiddagonderwijs

Verdiepend staatsrecht

Faculty Erasmus School of Law
Period BLOK 4
Year 2017-2018
Year level master Rechtsgeleerdheid / Staats- en bestuursrecht

Verdiepend staatsrecht

Faculty Erasmus School of Law
Period BLOK 4
Year 2016-2017
Year level master Rechtsgeleerdheid / Staats- en bestuursrecht

Omgevingsrecht

Faculty Erasmus School of Law
Period BLOK 4
Year 2016-2017
Year level master Rechtsgeleerdheid / Staats- en bestuursrecht

Assistant Professor

University Erasmus University Rotterdam
School Erasmus School of Law
Department Constitutional Law
Country The Netherlands

Postdoctoral Fellow

University Research Foundation - Flanders
School Ghent University
Department Constitutional Law
Country Belgium

Address

Visiting address
Postal address
Campus Woudestein Postbus 1738
Burg. Oudlaan 50 3000 DR Rotterdam
3062 PA Rotterdam