General Legal Knowledge and Legal Methodology
Core concepts
Legal methodology covers the sources of law (wet, gewoonte, jurisprudentie, rechtsbeginselen), the hierarchy of norms, and the methods of interpretation: grammatical, systematic, historical, teleological, and comparative. Know the role of the Hoge Raad and the doctrine of precedent, including the distinction between a rechtsregel and an obiter dictum. Study the concept of rechtsvinding and the role of the rechter as law-maker within the limits of the wet.
Know the structure of the Dutch legal system: the Constitution, the Statuut, international treaties, and the role of the EU. Understand the difference between public and private law, and the role of the rechterlijke macht. Also know the basic rules on legal reasoning: analogy, a contrario, and the use of general principles.
Traps
Questions often test whether a treaty provision has direct effect. Another trap is confusing the methods of interpretation with the sources of law. Watch questions on the binding force of a Hoge Raad ruling in a later case with different facts.
Worked rule of thumb
For any methodology question, identify the source, the applicable interpretation method, and the hierarchy, then apply the rule to the facts and check for a conflict with a higher norm.
Key points
- Know the sources of law and the hierarchy of norms.