Conference of Constitutional Control Organs of the Countries of Young Democracy
International Almanac Constitutional Justice in the New Millenium 2008 pages:200-217
International Conference on Fundamental Constitutional Values and Public Practice edition:13 location:Yerevan (Armenia) date:3-5 October 2008
This paper addresses the question how to deal with this legislative choice to disrespect the finding of a constitutional court. In a first paragraph, the relation between a democratically elected legislator and an appointed constitutional court is briefly described from a theoretical point of view. In a second paragraph, the most striking examples of re-enactment of an annulled legal provision in the jurisprudence of the Belgian Constitutional Court, as well as the specific procedure designed to deal with those cases, are discussed. The third paragraph tries to answer the question whether this re-enactment should always be sanctioned by the Court, and if so, how this should be done.