The Relation of the Constitutional Court to Executive and Legislative Power: Strict Independence or Sensitive Balancing?
2019
Abstract
The chapter deals with the relations between the Constitutional Court and other branches of state power. It shows that it is not adeqate to consider Constitutional Court to be a negative legislator.
Above all, the court's relationship with legislation has shifted to such an extent that the Constitutional Court has to some extent become a co-creator of the legal order. However, the chapter argues that the Constitutional Court does not pose a threat to the remaining branches of state power, but rather an authority that strengthens the emphasis on long-term constitutional and human rights aspects in the activities of the state.
The court however usually moves in the space left to it by other political actors.