Informal Judicial Practices in the Belgian Legal Order: A Story of Incremental and Reactive Development

This article discusses the existence and development of informal judicial practices in the Belgian legal order. It starts with the observation that the Belgian legal system is already highly formalized and suggests two reasons for that. Further, it shows that despite this rather high degree of existing formalization, important informal practices have nevertheless taken shape. However, over time the legislature intervenes, often as a reaction to some kind of external catalyst, and formalizes those previously informal aspects of the Belgian judicial system. This article therefore describes the B... Mehr ...

Verfasser: Mathieu Leloup
Dokumenttyp: Artikel
Erscheinungsdatum: 2023
Reihe/Periodikum: German Law Journal, Vol 24, Pp 1267-1281 (2023)
Verlag/Hrsg.: Cambridge University Press
Schlagwörter: Belgian legal order / incremental formalization / reactive development / European influence / external catalysts / Law of Europe / KJ-KKZ / Law in general. Comparative and uniform law. Jurisprudence / K1-7720
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-28886108
Datenquelle: BASE; Originalkatalog
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Link(s) : https://doi.org/10.1017/glj.2023.86

This article discusses the existence and development of informal judicial practices in the Belgian legal order. It starts with the observation that the Belgian legal system is already highly formalized and suggests two reasons for that. Further, it shows that despite this rather high degree of existing formalization, important informal practices have nevertheless taken shape. However, over time the legislature intervenes, often as a reaction to some kind of external catalyst, and formalizes those previously informal aspects of the Belgian judicial system. This article therefore describes the Belgian legal order as a process of incremental and reactive formalization, taking place between the judiciary and the legislature.