Research Montaigne Centre

The Montaigne Center's mission is to conduct socially relevant and multidimensional research - covering diverse disciplines, fields of law and methodologies - into the rule of law and administration justice, with a focus on the national, European and international legal order.

The main question that is central to our research programme 2025-2030:

What contributes to the administration of meaningful justice and the rule of law?

The main question includes two core concepts 1) the administration of meaningful justice and 2) the rule of law. These core concepts can be examined independently and in conjunction with each other. Within these core concepts, we conduct research into the question of whether and how meaningful justice can be done within the framework of the rule of law – it is then not only about what is actually done , but also about the results that are achieved. We also investigate the different ways in which the rule of law can be understood and the role of (international) (human rights) law and actors in making it sustainable and resilient. in making it permanent and resilient. Attention is also paid to innovations within the rule of law for the benefit of the individual or society as a whole. Here too we study the law and consider the role of the various (state and non-state) actors in it. other.

We highlight these core concepts from five different perspectives, to which different legal areas or disciplines can contribute, with different emphases (see the figure below, left). The broader perspective of Conflict Resolution and Prevention is essential to complement the more limited function of (traditional) legal dispute resolution through litigation (see the figure below, on the right). More explanation about these figures can be found in the expandable section directly below.

Left: Five perspectives on “meaningful justice". Right: the perspective of Conflict Resolution

The two core concepts of 'the administration of meaningful justice' and 'rule of law' can be viewed from different perspectives and with different emphases. These five perspectives do not stand alone, but can be related to each other, to 'the administration of meaningful justice' and/or to 'the rule of law'.

Democratic

A well-functioning, representative democracy is a sine qua non for the rule of law as we see it in the Netherlands and is also the starting point for agreements at regional (e.g. EU, CoE) and international level (e.g. UN). How exactly this democracy should be organized and which processes (should) underlie it are the subject of research within our programme.

Durable

A well-functioning rule of law is durable: it offers (legal) certainty, foreseeability, perspective and trust through continuity, but it is also durable by being flexible (if necessary) and by adapting to changing circumstances. We are thinking of developments such as technological innovation, the consequences of global climate change, wealth and opportunity inequality, individualism and migration. These developments lead to new questions about the meaning of the principles and values of the democratic rule of law, and the role of various private and public actors in the consolidation thereof. We investigate what guarantees are needed to safeguard a sustainable democratic rule of law in the long term.

Resilient

Durability alone is not enough. The (democratic) rule of law must also be resilient and able to cope with direct threats such as war, emergencies, polarization and populism, backsliding (for example due to anti-democratic or authoritarian developments), and the non-self-evident security in Europe (and beyond). We look more closely at 'rule of law' and 'rule of law backsliding' and how and by which actors rule of law values are (and can be) guaranteed at the European and international level. We also investigate how confidence in the rule of law can be safeguarded and strengthened.

Inclusive and people-centred

A well-functioning rule of law is designed in such a way that it protects individuals and vulnerable people in society against abuse of power, oppression, arbitrariness and injustice. What is necessary for this protection and what is required by law? In this research we also want to think at a more fundamental level and from a legal theoretical framework about what the concepts of 'vulnerable', 'inclusive' and 'outsider' mean in the rule of law. We investigate how the position of individuals and minority groups can be strengthened in the input, throughput and output of the democratic process. But also how, for example, organisations implementing the rule of law provide meaningful contact with the government and how legal processes or actors focus (or not) on people's interests, needs and ability to act. Or how legal procedures and systems at national, European and international levels offer room for input and the perspective of individuals or groups. In short, this perspective makes apparent where law conflicts with legal practice, and where innovation is necessary and/or possible in the (democratic) rule of law.

Substantive conflict resolution and prevention

The manner in which justice (in the broad sense) is and can be administered does not always result in 'doing justice' that is meaningful for individuals, groups or states. This may cause new conflicts to arise, which in turn may lead to a loss of confidence in the rule of law. A well-functioning rule of law that provides meaningful justice therefore preferably focuses on substantive conflict resolution and prevention (hereinafter: conflict resolution): preventing unnecessary conflicts and making a significant contribution to conflict resolution in response to an existing dispute or conflict.

"Where legal dispute resolution concerns the settlement of a legal issue that divides parties or on which a legal decision must be made, conflict resolution is about preventing or limiting (escalation) of conflicts between individuals, legal entities, individual-state or between states themselves (possibly by regulating conflict situations)."- see the above figure, on the right

In our research we include a focus on whether and how attention is paid to the interests or (social) position of parties. We also pay attention to a broader range of (non-legal) procedures, practices or remedies that have potential conflict resolution relevance, such as participation, (international) reparation processes, and mediation. Other research subjects include: the modernization of the Dutch Code of Criminal Procedure, the reconsideration of administrative law after the welfare scandal, and developments within civil procedural law.

Also worth investigating is, how the needs and interests of an individual (or group) relate to the applicable law and the underlying legal principles and values. Furthermore, legitimate interests of individuals and/or groups may conflict with each other. In sum: we investigate the areas of tension and contestation.

Sub-questions

The following sub-questions are central to the research programme 2025-2030:

What further interpretation can be given to the administration of meaningful justice?
What are important national, European and international constitutional values and principles and what are their meaning?
What further explanation or interpretation can be given to the five (formulated) perspectives: democratic, durable , resilient, people oriented and inclusive, and conflict solving/preventing?
What are important mandatory and non-mandatory rules within the rule of law , both at national, European and international level?
Which (state and non-state) actors have what role or what role they should have, both formally and informally?
Which interests or needs of individuals and/or society as a whole are present and which are relevant in the light of our core concepts?
Which (rule of law) developments or innovations are visible and/or necessary?

Methods

The research of the Montaigne Centre represents a broad arsenal of research methods. In addition to traditional legal research methods such as literature study and analysis of legislation and case law, our researchers also conduct legal theory, legal sociology, legal philosophy and comparative law research, in which a ‘critical perspective’ is not avoided. ELS is an important part of the Montaigne Centre. The researchers within the Montaigne Centre also have success from other disciplines (such as social sciences, economics) and/or have experience with qualitative or quantitative empirical research methods. Where we lack fundamental knowledge and/or research skills in our research institute, we seek collaboration with colleagues from other research groups, departments or faculties.

You can request the complete research programme of the Montaigne Centre by email via montaignecentrum@uu.nl.