PhD student: Mrs Dr E. Vandensande

Promotor: Prof B. Allemeersch

Duration: 10/2/2015 - 31/10/2016

PhD defence: Leuven, 4/5/2018

Abstract:

The research starts from the finding that it is generally accepted that courts exercise certain powers without clear statutory delegation. For example, courts postpone hearings, take measures to maintain the order in the court room and determine the time necessary to render judgment. The research aims to provide a clear legal basis for these powers by characterizing them as assertions of inherent judicial powers. These are powers which are so closely connected to what it means to be a court and to exercise judicial power that courts can exercise them in their own right without any express statutory delegation. The research will argue that the notion of inherent judicial power is embedded in the constitutional frameworks of Belgium, France and the Netherlands. In formulating this argument, the research will draw extensively on a detailed comparison with the existing debate on inherent judicial power in the United States.