Constitutional Courts as Positive Legislators
It is accepted as a basic principle that Constitutional Courts must be subordinate to the constitution and may not usurp the legislative power. Nonetheless, in the contemporary world, these courts have gradually assumed roles previously held only by the legislature or its constituents. They have enumerated constitutional rules, especially in matters involving human rights, which are not actually expressed in the constitution. Some of these courts have also performed non-judicial functions by filling in gaps left in legislation or sending guidelines and orders to the legislature. This activism has culminated in study and analysis of the work of other courts in order to develop competence. With the possible exception of the US, it is common to find no aversion to relying on foreign law to interpret a country’s constitution.