Author:

Keywords:

Belgian Constitution, constitutionalism, constituent power, sovereignty, ideological sources, 1801 Law, 5002 History and philosophy of specific fields

Abstract:

Even since its proclamation in 1831, the Belgian Constitution has been heralded as one of the crowning achievements of modern constitutionalism. Its fame is mostly due to the effective limitation of monarchical power in favour of the national representation, and to its catalogue of individual liberties. Given this reputation, it is surprising how little is actually known about the Belgian Constitution, its drafting process, and its intellectual and political context. While other constitutions of the era are increasingly investigated, the Belgian one remains severely underresearched. More research is necessary in order to establish whether or not the exceptional reputation of the Belgian Constitution in nineteenth-century Europe was deserved. This article aims to contribute to the realization of this goal by formulating a research agenda. First, it offers an introduction to the Belgian Constitution and points out a number of key features which justify greater scholarly attention. Second, it provides an overview of the recent research on the 1831 Constitution and a critical assessment of its realizations.