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Project

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

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.

Date:1 Jan 2019 →  Today
Keywords:Constitutional Court, proportionality, deferential review, legitimacy
Disciplines:Constitutional law