Project

Manifest disproportionality as a review criterion in the case law of the Belgian Constitutional Court

Duration
01 January 2019 → Ongoing
Funding
Regional and community funding: Special Research Fund
Promotor
Research disciplines
  • Social sciences
    • Law
Keywords
Constitutional Court proportionality deferential review legitimacy
 
Project description

The Constitutional Court often adopts as a standard that it will only find the legal norms it adjudicates unconstitutional when they contain “manifestly” disproportionate policy measures. In this project, I propose to investigate, based on international theory and the case law of the Court, what this deferential attitude precisely means and under which conditions the Court (legitimately) relies on it.