Considering the consequences of increased reliance on judicial assistants: a study on Dutch courts

Holvast, Nina

doi:10.1080/09695958.2014.962036

Cited by 5 publications

(1 citation statement)

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“…54 Ward & Weiden, 2006, p. 168-169;Cohen, 2002, p. 144. 55 Exception are: Abram e.a., 2011; Praagman & Doornbos, 2012, Holvast, 2014 These data consist of field notes, observation reports of 27 hearings, analyses of memos and draft-judgments, and 68 interviews with judges and judicial assistants. 57 De Groot-Van Leeuwen, 1991, p. 35.…”

Section: Organization Of the Judicial Assistant Positionmentioning

confidence: 99%

The Power Of The Judicial Assistant/Law Clerk: Looking Behind The Scenes At Courts In The United States, England And Wales, And The Netherlands

Holvast¹

2016

IJCA

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Abstract:Although largely invisible to the public, behind the scenes, judicial assistants/law clerks frequently play a vital role in the process of adjudication. Yet, especially outside of the U.S., little is known about their role and duties in the judicial decision-making process. This article provides insight into the organization of the employment and the duties of judicial assistants in three different jurisdictions: the U.S., England and Wales, and the Netherlands. In particular, this article aims to gain an understanding of the effects different organizational structures have on the potential influence of assistants on the judicial process and to observe what restrictions are employed to prevent assistants from wielding too much influence.

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Section: Organization Of the Judicial Assistant Positionmentioning

confidence: 99%

The Power Of The Judicial Assistant/Law Clerk: Looking Behind The Scenes At Courts In The United States, England And Wales, And The Netherlands

Holvast¹

2016

IJCA

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Laïcité in the Low Countries? On Headscarves in a Neutral State

Maris

2018

Tolerance : Experiments With Freedom in the Netherlands

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The paper compares French and Dutch legal approaches in regulating the use of headscarves in public institutions as examples of divergent liberal legal cultures and national policies towards immigrant minorities. It shows that in France the principle of laïcité or state secularity resulted in a legal prohibition of Islamic headscarves in public schools and other public institutions. In France vs. the Netherlands At present the countries of the European Union are tending to a common liberal constitution, even though a draft Constitution for Europe has recently been rejected by referendum in France and the Netherlands. 2 According to article 1.2 of the draft, the Union is founded on the values of human dignity, freedom, democracy, equality, the rule of law, as well as on respect for human rights, including the rights of members of minority groups. Although the European member states already have accepted these liberal constitutional values, traditionally they have given shape to them in divergent ways. 3 These differences in legal culture may evoke sharp mutual criticism. Thus, French authorities are in the habit of sneering at Dutch tolerance that they view as excessive in such domains as euthanasia and drugs policy. From their part, many Batavians cannot help smiling when French presidents pose with a theatrical majesty that far surpasses the rather bourgeois ways of the Dutch royal family. Recently, the French Stasi Commission has added policy towards minorities as a new topic to this list of cultural contrasts. According to the Commission, the Dutch policy of forbearance has taken disastrous effects on the integration of ethno-cultural minorities in the Netherlands. 4 As an attractive alternative the Commission recommends the typically French principle of laïcité that centers on a strong secular state. Indeed, the French variant of liberal constitutionalism is presented as a superior model that other European countries would be wise to adopt. This criticism raises the question of what is the best approach in public policy toward minorities, French laïcité or Dutch tolerance? Or, is it possible to construe a rational third way that bridges these differences in European legal cultures? I focus on the proposal to ban Muslim headscarves in public institutes, one of the main issues in the Stasi Report. 2 Part II of the draft, The Charter of Fundamental Rights of the Union, has already been accepted in 2000 in a separate solemn proclamation by the European Parliament, the Council of the European Union, and the European Commission. The Preamble declares: 'The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful future based on common values. Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity; it is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating ...

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Picking up the pace – legal slowness and the authority of the judiciary in the acceleration society (a Dutch case study)

Francot

Mommers

2016

International Journal of the Legal Profession

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This paper inquires into the nature of the crisis haunting the judiciary in our contemporary society. Drawing upon the work of Hartmut Rosa, it is stated that our society is an acceleration society and that this puts the judiciary under great pressure. The resulting crisis is twofold since it is both of an organizational and fundamental nature. The focus of this paper is on thein our viewunderexposed latter crisis because of its effect on the very core of the judiciary, namely the legitimacy and authority. The judiciary is confronted with the demand to speed up, whereas the nature of the legal system seems to reject an accelerated tempo and even needs a certain degree of slowness to communicate its accuracy. It is not just the process of acceleration that erodes or at least changes the authority of the judiciary but it concerns a complex interplay of expectations induced by acceleration, both externally by justice seeking citizens and internally by the judiciary's own management and politics, and how these expectations are met, or not. This is illustrated by a case study on the position of the Dutch judiciary, but holds true for other national and international adjudication as well.

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Considering the consequences of increased reliance on judicial assistants: a study on Dutch courts

Cited by 5 publications

References 35 publications

The Power Of The Judicial Assistant/Law Clerk: Looking Behind The Scenes At Courts In The United States, England And Wales, And The Netherlands

The Power Of The Judicial Assistant/Law Clerk: Looking Behind The Scenes At Courts In The United States, England And Wales, And The Netherlands

Laïcité in the Low Countries? On Headscarves in a Neutral State

Picking up the pace – legal slowness and the authority of the judiciary in the acceleration society (a Dutch case study)

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