ABSTRACT

The judiciary in Belgium is an independent branch of government and has succeeded in maintaining its independence against many odds. Not being bound by any particular method of interpretion and able to control to a certain extent the machinery of government, the judges have been, whenever needed, cautiously innovative. The public is certainly not hostile, as far as such innovations are concerned. Constitutional law, morals, human rights and particularly economic law have been the areas in which judges have been most willing or compelled to take creative steps. Because these individual decisions are drafted as applications of existing general principles and statutes and largely reflect the prevailing views of society, very little criticism has been voiced about this hidden and cautious legal activism.