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Law

How Constitutional Courts Handle Legislative Inaction

Quick fact

In the U.S., courts generally refuse to order Congress to act (e.g., in 'negative rights' cases), while in Germany, the Federal Constitutional Court can declare a legislative omission unconstitutional and set a deadline for parliament to enact a remedy.

Why this is interesting

Imagine a law that violates the constitution simply because it doesn't exist. Courts are supposed to strike down bad laws—but how can they strike down a silence?