In the Dutch literature, the terms lawfinding and lawmaking are often used interchangeably. From a legal point of view, however, it makes quite a difference to the position of the court whether lawfinding or lawmaking is meant. Why write a book about lawmaking by the courts just in the area of administrative law? In administrative law, the administration is positioned between the legislature and the judiciary. The courts review decisions taken by the administration in implementing the law; however, where the administration has often been granted a degree of discretion, the courts access the lawfulness of the decision. The relation administration-judiciary raises so many specific questions that it justifies a book on judicial lawmaking in administrative matters.
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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
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Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).
