6: Potentia and Dual State

In this sixth episode Leila Brännström and Tormod Johansen are talking to Bas Schotel, assistant professor at the University of Amsterdam. We take our cue from two very interesting texts written by Bas:

The first one is a text from 2018, a chapter with the title “Immediacy, Potentia and Constraining Emergency Powers”. And the other one is a more recent article from 2021 with the title “Administrative Law as a Dual State, Authoritarian Elements of Administrative Law”.

Our discussion explores the dynamics of administrative law, focusing on legal protection, emergency powers, and the concept of the dual state. We examine how administrative discretion and judicial oversight intersect, particularly when factual power (‘potentia’) is exercised directly. Through concrete examples, we consider how the practice of administrative law raises broader questions about legality and democratic integrity in liberal states.

This podcast is produced by the End of Law research project in collaboration with the At the End of the World research programme. Producer is Joel Kuhlin and the music is by Simon Hansson.

If you would like to contact the podcast, you’re welcome to send an email to tormod.otter.johansen@law.gu.se