Gerhard Schyff, van der

Gerhard van der Schyff


  • Warandelaan 2, Montesquieu Building, room M 427

    5037 AB Tilburg



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Personal profile

Research interests

Gerhard van der Schyff's main research deals with various topics of comparative and European constitutional law and fundamental rights. This includes a focus on constitutional identity, constitutional review by the judiciary, church and state relations, the right to freedom of religion and the constitutional relationship between the EU and its Member States. Gerhard has published widely, including in journals such as the European Constitutional Law Review and the Oxford Journal of Law and Religion. In 2015 he held a Humboldt Foundation Fellowship for Experienced Researchers at the Chair of Professor Christian Calliess at the Free University of Berlin, researching various aspects of constitutional identity. He also won a VENI subsidy, funded by the Netherlands Organisation for Scientific Research (NWO) on the topic of constitutional review in the United Kingdom, the Netherlands and South Africa, which resulted in his second doctorate in 2010 from Leiden University. Gerhard's first doctorate was awarded in 2005 from the University of Antwerp in Belgium on the limitation of rights under the ECHR and the South African Bill of Rights. He has spoken widely at universities and conferences, including events in the United Kingdom, Iceland and Poland. Gerhard's research has been cited in various academic works and by various judges, including Justice LeBel of the Supreme Court of Canada (Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37), Judge of Appeal Ponnan of the Supreme Court of Appeal of South Africa (De Lange v. Presiding Bishop of the Methodist Church of Southern Africa, [2014] ZASCA 151), Justice Shore of the Federal Court of Canada (Bennett v. Canada (Attorney General), 2011 FC 1310), Justice Jubran of the Supreme Court of Israel (sitting as the High Court of Justice in matter 7348/08 in 2009) and Justice Malan of the Johannesburg High Court (Taylor v. Kurtstag NO, [2004] 4 All SA 317 (W)). The Dutch cabinet also made use of Gerhard's research in drafting its response to the 2010 report by the State Commission on the Constitution.


Gerhard van der Schyff is an Associate Professor in the Department of Public Law, Jurisprudence and Legal History at Tilburg Law School. Gerhard holds or has held various editorships, at present he is an editor of the European Constitutional Law Review.




Gerhard van der Schyff teaches on a wide number of topics in English and Dutch ranging from constitutional law to fundamental rights and legal systems. Gerhard teaches at LLB and LLM level and has supervised various LLM theses, as well as examined or co-supervised PhD dissertations.

Current courses

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External positions

Member of the board (Vlaams Mensenrechteninstituut)

1 Feb 2023 → …

Member of the editorial advisory board (NTKR: Tijdschrift voor recht en religie)

1 Sep 2010 → …

Editor (European Constitutional Law Review)

1 Sep 2009 → …

Board membership (Stichting Studiefonds voorZuid-Afrikaanse studenten)

1 Jun 20091 Mar 2022

Availability for peer reviews (Inter universitair centrum voor onderwijsrecht (ICOR))

1 Aug 20051 Mar 2022


  • Comparative Law
  • Constitutional Law
  • South African Constitutional Law
  • Fundamental Rights
  • Rule Of Law
  • Church State Relations


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