In hindsight: Former Chairholders on the impact of the tenure on their career and lives. #5 Dr Javier Couso Salas

Professor Couso was Chairholder from 2014 – 2016. His research focus was conducting comparative law. Javier is currently full professor at the Department of Public Law at the Universidad Diego Portales (UDP) in Santiago, Chile and Professor Global Trends in Constitutionalism at Utrecht University.

The PCC Chairholder ship led to current work relations in Europe

When reminiscing about the tenure ship of the Prince Claus Chair (PCC) a few things come to Javier’s mind. “First of all, I think it’s a very interesting exercise to take stock of your career once in a while and this provides the perfect opportunity. I’m currently holding a Chair at Utrecht University that is a direct result of the Chairholder ship. As soon as the tenure ended, the then director of the Law School invited me to come as a visiting professor for two years and that led to the Chair I currently have. This resulted in expanding my network, participating in book projects and teaching courses abroad.

My visiting professorship allowed me to immerse myself in the continental European academic culture, specifically the Dutch academic culture. That was a huge part of the Prince Claus experience, allowing me to make the most of this tenure. We’re human beings first, academics second.

“During my tenure I’ve not only met new colleagues but also made friends for life.”

It seemed really easy to fit in. Everyone was so generous with their time and wisdom. I’ve not only met new colleagues but also made friends for life. Interestingly, the partnerships only intensified in the last three years. Now I combine hybrid meetings with a couple of visits a year to the Netherlands for teaching and supervising Master theses. I’m also co-supervising a PhD doctorate. That’s been very rewarding to do as well. It’s been nine years since my PCC tenure ship and I’m still very much connected to the Netherlands, I would have never imagined that beforehand.”

The Chilean-Dutch connection

There’s a Chilean-Dutch connection in the form of Patricio Silva, Professor of Modern Latin American History at the Department of Latin American Studies at the University of Leiden. “Patricio has been a driving force of Latin American studies in the Netherlands and Europe at large and he’s also a very active collaborator with my university in Chile. I’m currently writing a book with him and others. It’s an edited volume about recent legal and constitutional political event in Chile.”

But the connection goes much deeper. “Chile’s most important 19^th century constitutional scholar, Jorge Huneeus Zegers (link in Spanish) has a Dutch genealogy. One fascinating coincidence is that, just before getting the PCC, in 2013 I had founded the Jorge Huneeus Zegers Constitutional Law Chair (an annually rotating Chair) at UDP, so before I got involved with the PCC I was already forging Dutch connections so to speak.”

Forging the connection with continental Europe

Javier already had a global research partnerships network before starting the PCC tenure, for instance in the US and Australia, but continental Europe was not firmly part of that network. “I’ve taught in Melbourne and at several universities in the US. But the continental European scene was something I wasn’t that acquainted to. For instance, an understanding about the European Union was something I only had from books. But to meet people in Europe and to see it really fleshed out and talked about, also in terms of constitutional law, gave me a much more tangible understanding. More than you can get from educational reading.”

“An understanding about the European Union was something I only had from books. But to meet people in Europe and to see it really fleshed out and talked about, also in terms of constitutional law, gave me a much more tangible understanding.”

Getting immersed in the Dutch and European (research) culture was another aspect that also influenced his research. “Every time I visit here, and it’s now not that often as it used to be, I discover more layers to the culture. When I come over now, I visit colleagues that’ve become friends. They explain to me their view on culture and, society and the political European system. The tenure and subsequent work relations allowed me to open doors and meet new interesting scholars.”

“Utrecht has showed me that that they’re more globalized and engage more with the world than is perhaps given credit for. The interdisciplinary work and the subsequent collaborations and research outcomes are innovative. I’m not surprised at all that the Masters in International Public Law * garners people from all over the world.”

Understanding the fragility of the democracies

In recent years, Javier got a deeper understanding and perspective about the fragility of the rule of law. “The developing counties have a legacy of inequality which is more pronounced than in for instance the Netherlands. I’ve always been very interested in the interplay between the rule of law, democracy and constitutionalism. Human rights are at the center of that. My inaugural lecture for the PCC was about just that: the role of judicial independence in human rights. In 2016, at the end of my tenure, the issue of democratic erosion, even in consolidated democracies, became a more pronounced global issue. There was a rise of populism and an attack on individual independence even in consolidated democracies. My research and being in the Netherlands, being in Europe, allowed me to realize that the values of the rule of law are important to fight for and never take them for granted. Even in countries that we thought had very consolidated constitutional democracies. It gave a global meaning to what was for me a Latin American concern, a typical concern for new democracies, and it made me very aware that democracy and the rule of law are always fragile and need to be nurtured.”

“My research and being in the Netherlands, being in Europe, allowed me to realize that the values of the rule of law are important to fight for and never take them for granted.”

It was around the same time that the book ‘How democracies die’ by Steven Levitsky  and Daniel Ziblatt  was published. This was a very timely analysis about the undermining of the rule of law by populism and they were trying to come up with a working definition of authoritarian national populism. To be in the Netherlands at that time was interesting because I was in Europe seeing that the concerns I had for my region were really more of a global reach than I imagined.”

“It became a more central theme in my research and in my teachings to the master students and the PhD-students. It’s actually made me collaborate within two departments at Utrecht University; the School of Law and the Netherlands Institute of Human Rights. In my research the link between international human rights and comparative constitutional law are legal boundaries that are upheld by impartial independent courts, both national and international. Constitutional values at the national level are meaningless without independent courts. We’re conducting a long-term comparative study into Eastern Europe constitutions like Poland and Hungary to Latin American countries. Besides the obvious differences like the impact of the EU, they have more in common than meets the eye in terms of democratic advancement. We see that the advancement comes in waves and they’re phases in their ongoing democratization. For Hungary and Poland that started in the 1990s, the Latin American wave started in the mid-80s, early 90s. So we have a good 30 years of analysis that’s been with ups and downs. There’s so much to learn from taking the long-term view.”

Flexibility of Chairholder ship gives freedom

“The PCC Chair is really unique in that it’s remarkably flexible as opposed to certain grants that are very focused and require detailed plans, checked boxes and deadlines. That alone makes it a unique experience. You can really take the time for your research and settle in. In my circumstances that really helped me to get to know the Dutch and European culture and allowed me to fit in. And that in turn led to the relationship I have with my colleagues at the Utrecht University today.”

“The PCC Chair is really unique in that it’s remarkably flexible as opposed to certain grants that are very focused and require detailed plans, checked boxes and deadlines.”

*Javier is the lecturer of the Capita Selecta course Transformational and Abusive Constitution-Making Processes in the Master IPL.