Within the fragmented political system of the (Southern) Habsburg Netherlands, there was no major... more Within the fragmented political system of the (Southern) Habsburg Netherlands, there was no major incentive or momentum towards building a common Belgian law. No single court of justice could claim to be an overarching appellate court for the whole personal union, where the importance of local and regional customary laws was comparable to that in the northern French pays de coutume. As a result, law reports from the superior courts enjoyed only a relative authority, not unlike reports from foreign jurisdictions. Ius commune did not fill the gap, as only few authors developed anything approaching a Belgian usus modernus.
After the French annexation of the southern part of the county of Flanders, together with other s... more After the French annexation of the southern part of the county of Flanders, together with other southern territories of the Habsburg Netherlands, a sovereign court of justice (later elevated to the rank of Parliament) was established for the newly conquered territories. From the late seventeenth century until the Parliaments abolition during the French Revolution, several generations of practitioners produced law reports based on the courts decisions. These reports offer an insight in the legal reasoning of practitioners and judges and their use of authorities, including law reports originating from the Parliament of Flanders itself and from other French and foreign courts. In spite of the royal governments policy to bring this jurisdiction into the mould of French legal policies, the Parliaments practice reflects the legal culture of a peripheral territory which retained much of its own particular tradition.
Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review
Summary V. Bogdanor’s Beyond Brexit (2019) is a constitutional lawyer’s argument in favour of a c... more Summary V. Bogdanor’s Beyond Brexit (2019) is a constitutional lawyer’s argument in favour of a codified constitution for the United Kingdom. During the UK’s temporary membership of the European Communities and European Union (1973-2020), main features of the constitution which still prevailed in the 1960s have changed. The author discusses parliamentary sovereignty, referendums, collective government responsibility, human rights, and devolution.
International Advisory Board Javier Alvarado Planas, UNED; Juan Baró Pazos, University of Cantabr... more International Advisory Board Javier Alvarado Planas, UNED; Juan Baró Pazos, University of Cantabria; Mary Sarah Bilder, Boston College; Orazio Condorelli, University of Catania; Emanuele Conte, University of Rome III; Daniel R. Coquillette, Boston College – Harvard University; Serge Dauchy, University of Lille; Salustiano de Dios, University of Salamanca; José Domingues, University of Lusíada; Seán Patrick Donlan, The University of the South Pacific; Matthew Dyson, University of Oxford; Antonio Fernández de Buján, University Autónoma de Madrid; Remedios Ferrero, University of Valencia; Manuel Gutan, Lucian Blaga University of Sibiu; Alejandro Guzmán Brito, Pontificial Catholic University of Valparaiso; Jan Hallebeek, VU University Amsterdam; Dirk Heirbaut, Ghent University; Richard Helmholz, University of Chicago; David Ibbetson, University of Cambridge; Emily Kadens, University of Northwestern; Mia Korpiola, University of Turku; Pia Letto-Vanamo, University of Helsinki; David Liebe...
Within the fragmented political system of the (Southern) Habsburg Netherlands, there was no major... more Within the fragmented political system of the (Southern) Habsburg Netherlands, there was no major incentive or momentum towards building a common Belgian law. No single court of justice could claim to be an overarching appellate court for the whole personal union, where the importance of local and regional customary laws was comparable to that in the northern French pays de coutume. As a result, law reports from the superior courts enjoyed only a relative authority, not unlike reports from foreign jurisdictions. Ius commune did not fill the gap, as only few authors developed anything approaching a Belgian usus modernus.
After the French annexation of the southern part of the county of Flanders, together with other s... more After the French annexation of the southern part of the county of Flanders, together with other southern territories of the Habsburg Netherlands, a sovereign court of justice (later elevated to the rank of Parliament) was established for the newly conquered territories. From the late seventeenth century until the Parliaments abolition during the French Revolution, several generations of practitioners produced law reports based on the courts decisions. These reports offer an insight in the legal reasoning of practitioners and judges and their use of authorities, including law reports originating from the Parliament of Flanders itself and from other French and foreign courts. In spite of the royal governments policy to bring this jurisdiction into the mould of French legal policies, the Parliaments practice reflects the legal culture of a peripheral territory which retained much of its own particular tradition.
Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History Review
Summary V. Bogdanor’s Beyond Brexit (2019) is a constitutional lawyer’s argument in favour of a c... more Summary V. Bogdanor’s Beyond Brexit (2019) is a constitutional lawyer’s argument in favour of a codified constitution for the United Kingdom. During the UK’s temporary membership of the European Communities and European Union (1973-2020), main features of the constitution which still prevailed in the 1960s have changed. The author discusses parliamentary sovereignty, referendums, collective government responsibility, human rights, and devolution.
International Advisory Board Javier Alvarado Planas, UNED; Juan Baró Pazos, University of Cantabr... more International Advisory Board Javier Alvarado Planas, UNED; Juan Baró Pazos, University of Cantabria; Mary Sarah Bilder, Boston College; Orazio Condorelli, University of Catania; Emanuele Conte, University of Rome III; Daniel R. Coquillette, Boston College – Harvard University; Serge Dauchy, University of Lille; Salustiano de Dios, University of Salamanca; José Domingues, University of Lusíada; Seán Patrick Donlan, The University of the South Pacific; Matthew Dyson, University of Oxford; Antonio Fernández de Buján, University Autónoma de Madrid; Remedios Ferrero, University of Valencia; Manuel Gutan, Lucian Blaga University of Sibiu; Alejandro Guzmán Brito, Pontificial Catholic University of Valparaiso; Jan Hallebeek, VU University Amsterdam; Dirk Heirbaut, Ghent University; Richard Helmholz, University of Chicago; David Ibbetson, University of Cambridge; Emily Kadens, University of Northwestern; Mia Korpiola, University of Turku; Pia Letto-Vanamo, University of Helsinki; David Liebe...
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