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Project
Legislating with the best intentions? Judicial review of the legitimacy of the legislator’s aims.
If the Constitutional Court evaluates the constitutionality of a law, which infringes upon constitutional values, it must consider the goals pursued by the legislator. This project proposes to develop a conceptual framework for judicial review of legislative intent, to analyze the existing case law of the Court and to tailor the developed general theory to the Belgian context.
Date:1 Nov 2020 → 31 Oct 2021
Keywords:the public interest, Judicial review, legislative intent
Disciplines:Administrative law, Constitutional law, Human rights law