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G. van der Schyff

Assistant Professor
g.vdrschyff@uvt.nl

Tilburg Law School
Constitutional and Administrative Law Department

 

Expertise

Gerhard van der Schyff's main research deals with various topics of comparative constitutional law. This entails a focus on institutional elements, such as electoral systems, parliamentary democracy and relations between church and state; but also a focus on fundamental rights with special reference to constitutional review by the judiciary and the limitation of rights. Concretely this means research into issues such as the nature of political representation in the Netherlands, the question of whether rights have inviolable cores and the scope of judicial review in the Netherlands, South Africa and the United Kingdom. The latter was the topic of a Veni research project funded by the Netherlands Organisation for Scientific Research (NW0) and which resulted in his second doctorate, awarded by Leiden University in 2010. Van der Schyff is also interested in how the European Court of Human Rights goes about the limitation of rights and how this compares to national limitation methodologies, such as that of South Africa for instance. This was the topic of his first doctorate, which was from Antwerp University in 2005. Van der Schyff's research has also been cited on various occasions, such as by Justice Louis LeBel of the Supreme Court of Canada (Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37) as well as Justice Frans Malan of the Johannesburg High Court (Taylor v Kurtstag NO and Others [2004] 4 All SA 317 (W)).

Key words

Publications

Principal publications
  • Judicial review of legislation: A comparative study of the United Kingdom, the Netherlands and South Africa (Dordrecht: Springer, 2010), 233 pages
  • Limitation of rights: A study of the European Convention and the South African Bill of Rights, Nijmegen (The Netherlands), Wolf Legal Publishers, 2005, 369 pages
  • "Constitutional review by the judiciary in the Netherlands: A bridge too far?", 11 German Law Journal 2010, 275-290
  • "Waarom het wetsvoorstel Halsema tekort schiet: Mythes rondom het verdragsargument", Nederlands Juristenblad 2009, 2408-2414
  • (with S. Sottiaux) "Methods of international human rights adjudication: Towards a more structured decision-making process for the European Court of Human Rights", 31 Hastings International and Comprative Law Journal 2008, 115-156

Click here for the complete list of publications (Tilburg University Repository Publications only)

 

Education

Leiden University, The Netherlands

· PhD (Law) (2010) Thesis Topic: Judicial review of legislation: Constitutionalism personified in the United Kingdom, the Netherlands and South Africa (also published, see bibliography)

University of Antwerp, Belgium

· PhD (Law) (2005) Thesis Topic: The likeness of a democratic society. A comparative study of the limitation of fundamental rights and freedoms in accordance with the European Convention and the Constitution of South Africa (also published, see bibliography)

· Certificate PhD Study Programme (2002-2005)

Rand Afrikaans University, Johannesburg, South Africa

· LLM (Constitutional Law) cum laude (2001) Thesis Topic: The right to freedom of religion in South Africa

· Certificate in Legal Education (2001)

· LLB cum laude (1999-2000)

· BA (Law) cum laude (1996-1998)

Career

Gerhard van der Schyff is a lecturer in the Department of Constitutional and Administrative Law at Tilburg University.

Before coming to Tilburg in 2005 he conducted doctoral research at Antwerp University in Belgium, which culminated in his PhD in that year. He was also a trainee academic at the Rand Afrikaans University in South Africa (now University of Johannesburg) in 2001 in terms of an LLM bursary.

Van der Schyff further has experience as a scientific collaborator in the Inter-university Centre for Education Law in Flanders, as well as the European Association for Education Law and Policy.

Publications

Principal publications
  • Judicial review of legislation: A comparative study of the United Kingdom, the Netherlands and South Africa (Dordrecht: Springer, 2010), 233 pages
  • Limitation of rights: A study of the European Convention and the South African Bill of Rights, Nijmegen (The Netherlands), Wolf Legal Publishers, 2005, 369 pages
  • "Constitutional review by the judiciary in the Netherlands: A bridge too far?", 11 German Law Journal 2010, 275-290
  • "Waarom het wetsvoorstel Halsema tekort schiet: Mythes rondom het verdragsargument", Nederlands Juristenblad 2009, 2408-2414
  • (with S. Sottiaux) "Methods of international human rights adjudication: Towards a more structured decision-making process for the European Court of Human Rights", 31 Hastings International and Comprative Law Journal 2008, 115-156

Click here for the complete list of publications (Tilburg University Repository Publications only)

Projects

Gerhard van der Schyff was engaged in a Veni research project funded by the Netherlands Organisation for Scientific Research. The project was entitled "Characterising the Scope of Judicial Review: Constitutionalism personified in the Netherlands, South Africa and the United Kingdom" and culminated in his second doctorate which was published by springer in 2010. At present he forms part of a research programme into constitutional dialogue.

Collaboration

Gerhard van der Schyff maintains regular contact with academics at universities in Belgium and South Africa. 2007 saw him conducting a lecture tour of a number of South African universities where he exchanged ideas with local academics and presented his research in the following lectures:

Can the differences between the Netherlands and South Africa in respect of human rights protection be justified?, presented on 10 May 2007 to the College of Law, University of South Africa, Pretoria

The European Court of Human Rights and diversity: the case of headscarves, presented on 9 May 2007 at the Faculty of Law, University of Johannesburg

Direct democracy in South Africa through referenda: past, present, future, presented on 8 May 2007 to LLM students at the University of Pretoria

He also edited a book on constitutionalism in the Netherlands and South Africa. The work addresses a number of core themes, such as democratic representation and judicial review, by inviting authors from both countries to contribute a section each on a joint topic. The project saw collaboration between academics from the Universities of Tilburg, Maastricht, Amsterdam, Witwatersrand, North West, Stellenbosch and Johannesburg.

External accreditation

Editorships

Member Editorial Council, Nederlands Tijdschrift voor Kerk en Recht, since 2010

Editor, European Constitutional Law Review, since 2009

Editor, International Journal for Education Law and Policy, since 2006

Past editor, Tilburg Law Review, 2005-2009

Peer reviewer on occasion for

Coutinho Publishers, South African Journal on Human Rights, SA Public Law, Potchefstroom Electronic Law Journal, Wolf Legal Publishers

Conferences

Gerhard van der Schyff has delivered papers at a number of national and international conferences. He is part of the organisation committee of the Dutch Constitutional Law Conference that will be held in Tilburg in December 2010.

 

Teaching

Gerhard van der Schyff teaches on a wide number of topics in Dutch and English ranging from Constitutional Law (for first year students) to Fundamental Rights (for second year students) and Comparative Constitutional Law (for final year students). He was also co-lecturer of English Legal Language Skills that sees students improving their grasp of legal terminology.


G. van der Schyff teaches the following subjects:

Teaching activities elsewhere

Gerhard van der Schyff has presented a number of guest lectures at the University of Ghent in Belgium, at the University of Pretoria in South Africa and nationally to the HOVO Academy in Tilburg.

Other activities

Research Visits

British Institute for International and Comparative Law, London, United Kingdom (period during 2008)
University of Cambridge, Faculty of Law, United Kingdom (period during 2008) 
University of Johannesburg, Faculty of Law, South Africa (periods during 2003, 2004 and 2007)

Interviews

Gerhard van der Schyff has been interviewed for a number of publications, including Binnenlands Bestuur, SCOnline  and the NederBelgisch Magazine.

Translation Work

Assisted, inter alia, with the translation of JBM Vranken, Exploring the Jurist?s Frame of Mind (Kluwer, 2006)

Law Faculty Dissertation Prize Committee

Member in 2006, 2007, 2009, 2010

Memberships

Nederlands Juristen Comité voor de Mensenrechten

International Association for Constitutional Law

Gesellschaft für afrikansiches Recht

Vereniging voor Vernieuwingsimpuls Onderzoekers

Contact details
Room M 316
PO Box 90153
5000 LE Tilburg 
Phone+31 13 466 8028
Secretary+31 13 466 2302
Fax +31 13 466 8347
Email g.vdrschyff@uvt.nl

Assistant Professor
Tilburg Law School
Constitutional and Administrative Law Department

Working days
Mon Tues Wed Thurs Fri
Morning Present Present Present Present Present
Afternoon Present Present Present Present Present
Last amended: 23 August 2010

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