Positive obligations and the constitutional rights of the Belgian Constitution

This doctoral research tries to answer the question to what degree the constitutional rights of the Belgian Constitution do entail positive obligations for the government. According to the traditional, nineteenth-century view, constitutional rights only entail negative obligations for the government. The question rises whether also positive action can be required, in order for the government not to infringe a constitutional right of an individual. This is already, but only, the case for constitutional rights which are interpreted in light of the European Convention on Human Rights. Major societal challenges, such as climate change, terrorism and global pandemics, pose the question whether positive obligations should be more generalized. More than ever government action is required in order to tackle these challenges. Therefore, positive obligations seem to be an instrument for citizens to obtain this action, which is often hindered by the realities of the parliamentary process. The consequence is, however, a substantial power shift from parliament to the highest courts. This raises fundamental questions regarding the principle of democracy. A possible framework will be proposed, based on, amongst others, comparative research, for a more generalized applications of positive obligations.