Author:

Keywords:

multilayered legal order, public private divide, legal pluralism, principle of proportionality, principle of equality of citizens befor public burdens

Abstract:

Scientists in different fields use the notion “complex system” to describe a system that is made up of multiple interconnected elements. Examples of complex systems are the economy, our climate and living organisms. These systems are characterised by strong interactions between the different components. They interact and sometimes the one counteracts the other. Due to the strong coupling between these elements, a failure in one or more elements can lead to cascading failures which may have catastrophic consequences on the functioning of the system. Today, law too has the features of a complex system.2 Law is no longer only constructed on a national level. The notion legal pluralism indicates that the (sub)national level coexists with legal systems being developed at the European and international contexts. These legal systems interact, influence and counteract each other. The interweaving and interactions of today’s legal orders have become a topic of particular interest to every legal practitioner and academic. This multilayered legal order results in a pluralism of norms, and legal professionals are called upon to create tools to help to apply these (partly) overlapping and concurring rules, principles and methods.