ABSTRACT
The present study demonstrates that the Belgian Constitutional Court is a strategic actor. The severity of the rulings depends on the government in power. For example, the Court is more likely to be stricter if the federal government is either a minority or an oversized government. In addition, the Court more often refers cases to the full bench in times of political instability. Instability causes the Court to react differently. Under external threats, the Court will give more leeway to the coalition to work out solutions. If instability comes from within the coalition, the Court will act more stringently. This study also reveals that the personality of the President and the political preference of the majority on the bench play a role in how the Court rules. The findings help us to conclude that the Court seeks to protect individual rights without upsetting the delicate balance of Belgium's consensus democracy.
