Skip to content
Surf Wiki
Save to docs
science/biology

From Surf Wiki (app.surf) — the open knowledge base

Constitution of Belgium

Fundamental law of Belgium, most recently revised in 1993

Constitution of Belgium

Summary

Fundamental law of Belgium, most recently revised in 1993

FieldValue
document_nameConstitution of Kingdom of Belgium
imageConstitution de la Belgique de 1831 (page 1 crop).jpg
captionConstitution of Belgium (1831)
orig_lang_codefr
title_origConstitution du 7 février 1831
date_ratified
date_effectiveBefore
systemParliamentary Monarchy
date_last_amended2017
federalismFederal, with 3 regions and 3 communities
chambersTwo (Senate and Chamber of Representatives)
branchesThree (executive, legislature and judiciary)
executiveKing and their Government responsible to the Chamber of Representatives;
Prime minister as head of government
jurisdictionBelgium
courtsCourt of Cassation
wikisourceConstitution of Belgium

Prime minister as head of government

The Constitution of Belgium (; ; ) dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the separation of powers.

The most recent major change to the constitution was the introduction of the Court of Arbitration, whose competencies were expanded by a special law of 2003, to include Title II (Articles 8 to 32), and the Articles 170, 172 and 191 of the Constitution. The Court developed into a constitutional court; in May 2007 it was formally redesignated as the Constitutional Court. This court has the authority to examine whether a law or a decree is in compliance with Title II and Articles 170, 172 and 191.

Historical aspects

Origins and adoption

Belgian lion

The Belgian Constitution of 1831 was created in the aftermath of the secession of Belgium from the United Netherlands in the Belgian Revolution. After the revolution's initial success, an elected National Congress was convened in November 1830 to devise a political order for the new state. The members of the National Congress reflected a variety of political ideals, but the vast majority supported the "Union of Oppositions" which had emerged before the revolution. This brought together moderate liberals with liberally inclined Catholics. As three modern historians describe:

The result was a "carefully balanced compromise" that mixed some radical liberal aspects with a firmly conservative ethos. It was inspired by the precedents of the French constitutions of 1791, 1814 and 1830, the Dutch constitution of 1814 and English constitutional principles. Belgium was established as a constitutional monarchy with a bicameral legislature. Powers were separated between the executive, legislative, and judiciary. The Constitution guaranteed the freedoms of expression, education, religion and of the press, though the franchise was severely limited by a property tax qualification. Though liberal in many respects, the constitution also placed the Catholic Church in a privileged position. Despite mandating the separation of Church and State, the Church was given a favoured position while maintaining its independence. The draft document was completed on 7 February 1831.

Political significance

The Constitution of 1831 was a highly visible national symbol of Belgian nationalism throughout the 19th century. A.V. Dicey, a British legal theorist, concluded that the Belgian document codified a number of conventions long established in the United Kingdom, saying that it "indeed comes very near to a written reproduction of the English constitution". It also inspired contemporary liberal movements in other European countries, including Denmark which adopted its first constitution in 1849 based partly on the Belgian precedent. The historian J.A. Hawgood wrote:

In the 19th century, a "constitutional cult" emerged in Belgium which extolled it as a popular symbol of national identity.

Subsequent development

The Constitution of 1831 originally established Belgium as a unitary state organised at three levels: national level, provinces and municipalities. State reform in Belgium reconfigured the Belgian political system into on a federal model which entailed significant amendments to the original document.

The official version of the Constitution of 1831 was written in French and was only comprehensible to part of the national population. An official version in Dutch was only adopted in 1967. Up to then, the Dutch text was only a translation without legal value. Since 1991 there is also an official German version of the Constitution.{{cite web |access-date=12 November 2007 |archive-url = https://web.archive.org/web/20071203123942/http://www.dekamer.be/kvvcr/pdf_sections/pri/fiche/04E.pdf |archive-date = 3 December 2007}}

The original constitutional document is currently in possession of the archives of the Belgian Federal Parliament. In 2020, two researchers claimed the document was being stored in subpar conditions in "a cupboard" in the Parliamentary Secretariat. However, this was disputed by the secretarial staff.

Constitutional amendments

The Belgian Constitution can be amended by the federal legislative power, which consists of the King (in practice, the Federal Government) and the Federal Parliament. The amendment process is governed by the provisions of Title VIII of the Constitution, which is titled The revision of the Constitution. In order to amend the Constitution, the federal legislative power must declare that there are reasons to revise the Constitution, in accordance with Article 195 of the Constitution. This is done by means of two so-called Declarations of Revision of the Constitution, one adopted by the Chamber of Representatives and the Senate, and one signed by the King and the Federal Government.

Following this declaration, the Federal Parliament is automatically dissolved and a new federal election must take place. This makes it impossible to amend the Constitution unless an election has intervened. Following the election, the new Federal Parliament can amend those articles that have been declared revisable. Neither Chamber can consider amendments to the Constitution unless at least two-thirds of its members are present and the Constitution can only be amended if at least two-thirds of the votes cast are in favour of the amendment.

There are further restrictions on the power of the Federal Parliament to amend the Constitution. Article 196 of the Constitution provides that the process to amend the Constitution cannot be initiated or continued in times of war or when the Federal Parliament is unable to freely meet in Belgium. Article 197 also provides that the provisions relating to the King's constitutional powers cannot be amended during a regency.

The federal legislative power also has the power to modify the numbers and the subdivisions of the articles of the Constitution, the subdivision of the Constitution into titles, chapters and sections, and the terminology of articles that have not been declared revisable, in order to bring it in agreement with the terminology used in new provisions and to harmonise the Dutch, French and German texts of the Constitution, in accordance with Article 198. Neither Chamber can debate on such modifications unless at least two-thirds of its members are present and the Constitution can only be modified in this manner if at least two-thirds of the votes cast are in the affirmative.

The procedure to change and consolidate the structure of the Belgian Constitution and its subdivisions and articles is called coordination. It has only been used once in Belgian history, in 1993, when it was decided to publish a consolidated version of the entire Constitution in the Belgian Official Journal. A coordinated version was proposed to the Federal Parliament by the Federal Government on 25 June 1993, it was adopted by the Chamber of Representatives on 20 January 1994, and by the Senate on 3 February 1994. This coordinated text of the Belgian Constitution was published in the Belgian Official Journal on 17 February 1994.

The Belgian Constitution has been amended 29 times since the coordinated text of 17 February 1994 was published in the Belgian Official Journal: once in 1996, three times in 1997, four times in 1998, twice in 1999 and in 2000, once in 2001, twice in 2002 and in 2004, and three times in 2005 and in 2007, once in 2008 and five times in 2012. The most recent change to the Constitution took place by revision of article 12 on 24 October 2017.

References

Bibliography

References

  1. (1913). "Monrads Udkast til Grundloven". Historisk Tidsskrift.
  2. [http://www.unrisd.org/UNRISD/website/document.nsf/ab82a6805797760f80256b4f005da1ab/ec506a59176be044c1256e9e003077c3/$FILE/Deschou.pdf Ethnic structure, inequality and governance of the public sector in Belgium] {{webarchive. link. (14 June 2007)
  3. (26 August 2020). "La Constitution belge prend la poussière au fond d'un casier". Metro.
  4. "Belgium 1831 (rev. 2012)".
Wikipedia Source

This article was imported from Wikipedia and is available under the Creative Commons Attribution-ShareAlike 4.0 License. Content has been adapted to SurfDoc format. Original contributors can be found on the article history page.

Want to explore this topic further?

Ask Mako anything about Constitution of Belgium — get instant answers, deeper analysis, and related topics.

Research with Mako

Free with your Surf account

Content sourced from Wikipedia, available under CC BY-SA 4.0.

This content may have been generated or modified by AI. CloudSurf Software LLC is not responsible for the accuracy, completeness, or reliability of AI-generated content. Always verify important information from primary sources.

Report