The interpretation of the Belgian Constitution. Inquiry into the techniques of constitutional interpretation and the authorities that can engage in such interpretation (R-2686)

The interpretation of constitutional provisions raises particular questions. Firstly, the specific features of a constitution make an indiscriminative use of classical legal interpretation methodology potentially precarious. Thus far, detailed information and theory are virtually non-existent for the Belgian context. The proposed research project intends to frame the Belgian interpretation methodology. To do so, comparative legal research will be conducted on how liberal democracies like France, Germany and the U.S. deal with the issue. Then, to map Belgian practice, a qualitative research will be conducted into existing judicial material. Similarities and differences between foreign and Belgian interpretation practice can be identified and explained. Secondly, the related question regarding which authority should have the power to interpret constitutional provisions will be considered. In Belgium, judicial constitutional interpretation is carried out in a decentralized context, embodying the risk of inconsistencies and methodological contradictions. Equally, human rights provisions generally make up a significant part of both constitutional and international law. The relationship between the national and supranational legal orders tends to seriously weigh on the national judges interpretative margin, especially within Europe. The above will result in a doctoral thesis contributing to the development of a theory on constitutional interpretation that fits Belgium, and to the extent possible, liberal democracies in general.

Keywords:Constitutional Law

Disciplines:Law and legal studies