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70-765: On 7 February 1831, the Constitution of Belgium was proclaimed and Erasme Louis Surlet de Chokier was declared regent. With Belgium now under a constitutional monarchy , the Provisional Government was dissolved. As the Belgian Revolution raged in Brussels, William I of the Netherlands attempted to forcefully end the revolt. An army under William's son, Prince Frederick , occupied the city on 23 September. A Revolutionary Committee

140-547: A Title 1bis was inserted in the Belgian Constitution, titled "General policy objectives of the federal Belgium, the communities and the regions", which to date comprises only one article: Article 7bis. This article states the following: "In the exercise of their respective competences, the federal State, the communities and the regions shall strive for the objectives of a sustainable development in its social, economic and environmental dimensions, taking into account

210-590: A bicameral legislature, but the motion was defeated 10 September 1789 (849–89) in favor of one house; the next day, they proposed an absolute veto, but were again defeated (673–325) in favor of a suspensive veto, which could be over-ridden by three consecutive legislatures. A second Constitutional Committee quickly replaced it, and included Talleyrand, Abbé Sieyès, and Le Chapelier from the original group, as well as new members Gui-Jean-Baptiste Target , Jacques Guillaume Thouret , Jean-Nicolas Démeunier , François Denis Tronchet , and Jean-Paul Rabaut Saint-Étienne , all of

280-634: 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. 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

350-597: A descendant of Leopold I who marries without the King's consent, or the consent of those exercising the King's powers in the cases provided by the Constitution, is deprived of his rights to the crown. It also stipulates that those who lose their right to the crown in this manner, can be restored to the line of succession with the consent of both Chambers of the Federal Parliament. Again, a transitional provision

420-414: A dynasty owing their position to having taken an oath to honour the constitution, a bicameral legislature, both houses of which were completely elected fay the people, an independent judiciary, a clergy paid by the state but independent of it, and a declaration of the rights of the citizen firmly based on the principles of 1776 and 1789 , yet in a number of respects containing improvements upon these. In

490-668: A law supported by specific majorities of each language group of each Chamber. Article 5 divides the Flemish Region and the Walloon Region into five provinces each and foresees possible future provincial redivisions of the Belgian territory. Article 6 determines that the provinces can be subdivided only by Law. The borders of the State, provinces and municipalities can be changed or corrected only by Law (article 7). In 2007,

560-589: A parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the Trias Politica. 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

630-678: A principle which is controversially applied in the Belgian Holocaust denial law , which made it an offence to publicly "deny, minimise, justify or approve of the genocide committed by the German National Socialist regime during the Second World War". Article 22 determines that everyone has the right to respect for his or her private life and for his or her family life. Exceptions can only be instituted by law. Article 22bis stipulates that every child has

700-554: A typical reaction of early liberalism. 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

770-645: 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 explicitly based on the Belgian precedent. The historian J.A. Hawgood wrote: The Belgian constitution of 1831 rapidly replaced the Spanish constitution of 1812 —except in the remoter backwoods of Latin Europe and Latin America—as

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840-654: 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. Belgium is a federal State composed of Communities and Regions. – Article 1 of the Belgian Constitution Since 1993, the first article of

910-481: Is divided into three sections. Section I, titled The King , establishes the monarchy , the method of succession and contains provisions regarding the regency. Section II, titled The Federal Government , establishes the Federal Government and the method of appointment of its members. Section III, titled The competences , defines the constitutional powers of the King, which are, in practice, exercised by

980-542: Is guaranteed. – Article 10 of the Belgian Constitution Article 10 determines that all Belgians are equal before the law . Article 11 determines that all rights and freedoms must be guaranteed without discrimination. Article 12 guarantees the liberty of the person and stipulates that no one can be prosecuted except in the cases determined by the law and in accordance with the procedures established by law. Article 13 determines that everyone has

1050-606: Is titled The federal Chambers , establishes the composition, manner of election, qualifications of members and organisation of the bicameral Federal Parliament , which consists of the Chamber of Representatives and the Senate . It is divided into three parts: the first part contains the provisions that are common to both Chambers whereas the two other parts, Section I, titled The Chamber of Representatives , and Section II, titled The Senate , include provisions that only apply to one of

1120-600: The Champs de Mars Massacre , when a wave of revulsion against popular movements swept France and resulted in a renewed effort to preserve powers for the Crown. The result is the rise of the Feuillants , a new political faction led by Barnave , who used his position on the committee to preserve a number of powers for the Crown, such as the nomination of ambassadors, military leaders, and ministers. After very long negotiations,

1190-808: The Federal Parliament , which consists of the Chamber of Representatives and the Senate, exercises the federal legislative power. However, laws still require the King's signature. Article 37 vests the federal executive power in the King, but in practice it is exercised by the Federal Government . Article 38 and 39 define the competencies and responsibilities of the Communities and the Regions . Article 38 provides that each Community has

1260-769: The Flemish Region , the Walloon Region and the Brussels Region . Article 4 divides Belgium into four language areas : The Dutch language area, the French language area, the bilingual (French and Dutch) area of Brussels-Capital and the German language area. Each municipality of the Kingdom is part of one of these four language areas only. The borders of the language areas can be changed or corrected only by

1330-586: The Third ( Jean Joseph Mounier , Abbé Sieyès , Nicholas Bergasse , and Isaac René Guy le Chapelier ). Many proposals for redefining the French state were floated, particularly in the days after the remarkable sessions of 4–5 August 1789 and the abolition of feudalism. For instance, the Marquis de Lafayette proposed a combination of the American and British systems, introducing a bicameral parliament , with

1400-763: The Third Estate . As Simon Schama has pointed out, many of the members of the Constitutional Committee were themselves members of nobility, many of whom would later face execution. Their greatest controversy faced by this new committee surrounded the issue of citizenship . Would every subject of the French Crown be given equal rights, as the Declaration of Rights of Man and Citizen seemed to promise, or would there be some restrictions? The October Days (5–6 October) intervened and rendered

1470-524: 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

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1540-534: The guardianship . Article 94 stipulates that the regency can only be conferred on one person and that the Regent can only enter into office after taking the same constitutional oath that the King must take before he can accede to the throne. Article 93 also stipulates that the ministers must establish the inability to reign and subsequently convene the Chambers of the Federal Parliament. Article 90 provides that, upon

1610-400: The legislative branch . Article 74 determines the cases in which the federal legislative power is exercised only by the King and the Chamber of Representatives , and not by the Senate . Article 75 stipulates that each branch of the federal legislative power has the right of initiative. This means that both the members of the Chamber of Representatives or of the Senate and the King, in practice

1680-549: The onset of war and the threat of the revolution's collapse , radical Jacobin and ultimately republican conceptions grew enormously in popularity, increasing the influence of Robespierre , Danton , Marat and the Paris Commune . When the King used his veto powers to protect non-juring priests and refused to raise militias in defense of the revolutionary government , the constitutional monarchy proved unworkable and

1750-503: The regency . Subsequently, a federal election must take place and the newly elected Federal Parliament must meet within two months to permanently fill the vacancy. The United Chambers also have to provide for the regency in two other cases, in accordance with Articles 92 and 93: if the successor to the throne is a minor or if the King is unable to reign. In both cases, the United Chambers also have to make provisions regarding

1820-555: The right to consult any administrative document and to obtain a copy thereof, except as provided by law or decree. Since 2003, the Belgian Court of Arbitration , which is known now as the Constitutional Court, can examine whether laws, decrees or ordinances are in compliance with Title II and with Articles 170, 172 and 191 (on the equality of Belgians and foreigners and the prohibition of tax discrimination) of

1890-467: The 19th century, a "constitutional cult" emerged in Belgium which extolled it as a popular symbol of national identity. 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

1960-419: The Belgian Constitution is titled The Powers . It consists of Articles 33 to 166 and is subdivided into eight chapters, four of which are further subdivided into several sections. It is by far the largest title of the Constitution. In this title, the Belgian system of government is outlined, in accordance with the principle of the separation of powers . Article 34 of the Constitution expressly stipulates that

2030-532: The Committee of Revisions, was struck September 1790, and included Antoine Barnave , Adrien Duport , and Charles de Lameth . Because the National Assembly was both a legislature and a constitutional convention, it was not always clear when its decrees were constitutional articles or mere statutes. It was the job of this committee to sort it out. The committee became very important in the days after

2100-455: The Constitution and forming a system for recurring elections. The Assembly's belief in a sovereign nation and in equal representation can be seen in the constitutional separation of powers . The National Assembly was the legislative body , the king and royal ministers made up the executive branch and the judiciary was independent of the other two branches. On a local level, the previous feudal geographic divisions were formally abolished, and

2170-623: The Constitution stipulates that Belgium is a federal state composed of Communities and Regions . This means that there are two types of devolved entities at the same level, with neither taking precedence over the other. Article 2 divides Belgium into three communities: the Flemish Community , the French Community and the German-speaking Community , whereas Article 3 divides Belgium into three regions:

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2240-674: The Constitution. When interpreting the rights enumerated in Title II of the Constitution, the Constitutional Court also applies the European Convention on Human Rights in order to prevent different interpretations of the same principles. All powers emanate from the Nation. They are exercised in the manner established by the Constitution. – Article 33 of the Belgian Constitution Title III of

2310-412: The Federal Government, have the right to propose bills. Article 77 determines the matters with respect to which the Chamber of Representatives and the Senate have equal competence. Articles 78 to 83 further outline parliamentary procedure and the relations between both parts of the Federal Parliament. Chapter III, which is titled The King and the Federal Government , consists of the Articles 85 to 114. It

2380-482: The Federal Government. Article 85 provides that the King's constitutional powers are hereditary through the direct, natural and legitimate descent from King Leopold I , by order of primogeniture. However, in Title IX, which contains certain transitional provisions, there is a clause that stipulates that Article 85 in its current shall be applicable for the first time on the descent of King Albert II , which means that

2450-458: The Federal Parliament is dissolved early and that thus early elections are held. In order to be eligible for election one must have the Belgian nationality , have the full enjoyment of civil and political rights, be at least 21 years old and be resident in Belgium. No other condition of eligibility can be imposed. Chapter II, which is titled The federal legislative power , describes the powers of

2520-506: The King can name a successor with the consent of both Chambers of the Federal Parliament. This consent cannot be given unless a quorum of at least two-thirds of its members is present and at least two-thirds of the votes cast are in the affirmative. In case no successor has been appointed in this manner, the throne is vacant. Article 95 stipulates that, if the throne is vacant, then the United Chambers meet to provisionally provide for

2590-560: The National Assembly threaded between two options when drafting the Constitution: they could modify the existing, unwritten constitution centered on the three estates of the Estates General or they could start over and rewrite it completely. The National Assembly wanted to reorganize social structure and legalize itself: while born of the Estates General of 1789 , it had abolished the tricameral structure of that body. With

2660-863: The basic precepts of the French Revolution was adopting constitutionality and establishing popular sovereignty . Following the Tennis Court Oath , the National Assembly began the process of drafting a constitution as its primary objective. The Declaration of the Rights of Man and of the Citizen , adopted on 26 August 1789 eventually became the preamble of the constitution adopted on 3 September 1791 . The Declaration offered sweeping generalizations about rights, liberty, and sovereignty. A twelve-member Constitutional Committee

2730-405: The beacon-light for liberals and radicals who did not stand so far to the left [...] that they wanted to overthrow all monarchies and replace them by republics. Wherever a strictly limited constitutional monarchy was the ideal – there stood the Belgium of King Leopold as a shining example. Hers was the constitution that 'had everything' – the sovereignty of the people clearly recognised, a monarch and

2800-409: The cases and the manner the law prescribes. Article 16 stipulates that no one can be deprived of his or her property except when it's in the public interest , in the cases and the manner the law prescribes, and that fair and prior compensation must be made. Article 17 of the Constitution stipulates that the penalty of forfeiture of (all) assets cannot be instituted. Article 18 further stipulates that

2870-413: The competencies that are granted to it by the Constitution or by the laws adopted pursuant to the Constitution. Article 39 provides that a law adopted with a qualified majority can assign competencies to the regional organs which it establishes. Article 40 vests the judicial power in the courts and tribunals and provides that their rulings and decisions are carried out in the King's name. Chapter I, which

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2940-521: The constitution was reluctantly accepted by King Louis XVI in September 1791. Redefining the organization of the French government, citizenship and the limits to the powers of government, the National Assembly set out to represent the interests of the general will . It abolished many “institutions which were injurious to liberty and equality of rights”. The National Assembly asserted its legal presence in French government by establishing its permanence in

3010-424: The death of the monarch, the Federal Parliament must convene without convocation no later than ten days following the monarch's death. If the Chambers had been dissolved and the act of dissolution provided for the convocation of the new Chambers at a date later than the tenth day following the monarch's demise, then the old Chambers enter into function again until the new Chambers convene. It also provides that, between

3080-502: The exercise of certain powers or responsibilities can be attributed to international public institutions by treaty or by law. This refers, among others, to Belgium's membership in the European Union. Article 36 grants the federal legislative power to the King , the Chamber of Representatives and the Senate . Although it states that the federal legislative power must be exercised jointly by its three components, in practice only

3150-434: The federal legislative power, however, Article 74 of the Constitution stipulates that only the Chamber of Representatives , and not the Senate , can grant naturalisation. There is no distinction of classes in the State. All Belgians are equal before the law; they alone are admissible to civil and military offices, save for the exceptions that can be established by law for special cases. Equality between men and women

3220-461: The female offspring of King Albert II and later monarchs are in the line of succession to the Belgian throne , whereas the female offspring of all previous Belgian kings are excluded from the throne. This transitional clause was inserted to regulate the transition from the Salic law , which barred women and their descendants from the throne and was in effect until 1991. Article 85 further provides that

3290-630: The first time. On 12 November it formally returned its powers to the National Congress, which subsequently decided to entrust executive power to the Provisional Government. It was dissolved on 25 February 1831 after Erasme, Baron Surlet de Chokier was appointed Regent by the National Congress, beginning the modern Kingdom of Belgium. Constitution of Belgium The Constitution of Belgium ( Dutch : Belgische Grondwet ; French : Constitution belge ; German : Verfassung Belgiens ) dates back to 1831. Since then Belgium has been

3360-543: The king having the suspensive veto power over the legislature, modeled to the authority then recently vested in the President of the United States . The main controversies early on surrounded the issues of what level of power to be granted to the king of France (i.e.: veto , suspensive or absolute) and what form would the legislature take (i.e.: unicameral or bicameral ). The Constitutional Committee proposed

3430-526: The ministers signed and promulgated the bill instead. The following day, King Baudouin I was restored to royal power by the United Chambers. French Constitution of 1791 The French Constitution of 1791 ( French : Constitution française du 3 septembre 1791 ) was the first written constitution in France, created after the collapse of the absolute monarchy of the Ancien Régime . One of

3500-612: The monarch's demise and the taking of the oath of his successor or the Regent, the constitutional powers of the King are exercised by the Council of Ministers, in the name of the Belgian people. Article 90 and Article 93, regarding the inability to reign, were controversially applied in 1990 during the so-called Abortion Question, which arose when King Baudouin I refused to sign a bill liberalising Belgium's abortion laws into law, citing religious convictions. The Belgian Government subsequently declared him unable to reign on 4 April 1990 and

3570-457: 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. The original constitutional document

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3640-559: The penalty of civil death is abolished, and that it cannot be brought back into force. Civil death was a penalty in Belgium in the Ancien Régime . Articles 19 to 21 guarantee the freedom of religion . Article 19 protects the freedom of religion and the right to exercise it publicly. It also guarantees the freedom of speech by stipulating that everyone has the right to express his or her opinion freely. However, Article 19 also determines that abuses of these freedoms can be punished,

3710-404: The people. By the same token, representative democracy weakened the king’s executive authority. The constitution was not egalitarian by today's standards. It distinguished between the propertied active citizens and the poorer passive citizens. Women lacked rights to liberties such as education, freedom to speak, write, print and worship. Keith M. Baker writes in his essay “Constitution” that

3780-417: The press and stipulates that censorship can never be established. Article 26 protects the freedom of assembly by determining that everyone has the right to gather peaceably and without arms. Article 27 guarantees the freedom of association . Article 28 ensures the right to petition the public authorities. Article 29 determines that the confidentiality of letters is inviolable. Article 30 stipulates that

3850-416: The question much more complicated. In the end, a distinction was held between active citizens (over the age of 25, paid direct taxes equal to three days' labor) which had political rights, and passive citizens, who had only civil rights. This conclusion was intolerable to such radical deputies as Maximilien Robespierre , and thereafter they never could be reconciled to the Constitution of 1791. A second body,

3920-410: The respect for the philosophical, ideological and religious views of parents and pupils. The third paragraph of this article determines that everyone has the right to education, with respect for the fundamental rights and freedoms, and that education shall be free in its compulsory stages. (In Belgium, education is compulsory until the age of 18.) Article 25 of the Constitution guarantees the freedom of

3990-452: The right to go to court. Article 14 guarantees the application of the principle of nulla poena sine lege (Latin: "no penalty without a law"). There is also an Article 14bis, which was inserted in the Belgian Constitution in 2005, that states as follows: "The death penalty is abolished". Articles 15 of the Constitution guard against unreasonable searches . It determines that the domicile is inviolable and that searches can only take place in

4060-430: The right to respect for his or her "moral, physical, mental and sexual integrity". Article 23 protects the right to lead a life in conformity with human dignity . This right specifically encompasses the following rights: Article 24 protects the freedom of education and the parents' right to choose. It also stipulates that the community must provide neutral education , and that this neutrality includes, among others,

4130-596: The rights enumerated in Title II of the Constitution, the Belgians also enjoy the rights enshrined in the European Convention on Human Rights . Articles 8 and 9 determine how the Belgian nationality can be obtained. Article 8 also stipulates that the law can grant the right to vote in elections to citizens of the European Union who do not have the Belgian nationality, in accordance with Belgium's international and supranational obligations, and to non-EU citizens. Article 9 stipulates that naturalisation can only be granted by

4200-492: The solidarity between the generations." The act inserting this article was published in the Belgian Official Journal on 26 April 2007. Title II of the Belgian Constitution is titled The Belgians and their rights . In this title a number of rights and freedoms are enumerated. Although the Constitution speaks of the rights of the Belgians, in principle they apply to all persons on Belgian soil. In addition to

4270-400: The territory of the French state was divided into several administrative units , Departments ( Départements ), but with the principle of centralism . The Assembly, as constitution-framers, were afraid that if only representatives governed France, it was likely to be ruled by the representatives' self-interest; therefore, the king was allowed a suspensive veto to balance out the interests of

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4340-412: The two Chambers. The members of the Chamber of Representatives and the directly elected members of the Senate are elected by all Belgian citizens who are not less than 18 years old and who do not fall into any of the categories of exclusion determined by law. Article 61 further stipulates that each voter has only one vote. In principle, there is a federal election every 4 years, but it is possible that

4410-411: The use of the languages spoken in Belgium is free. It further stipulates that the use of a specific language can only be imposed by law and only for the proceedings and acts of the public authorities and for legal proceedings. Article 31 of the Constitution determines that no prior authorisation is required to prosecute civil servants for acts of their administration. Article 32 stipulates that everyone has

4480-434: Was [...] a compromise between the landowners and clergy on the one hand and the liberal middle class on the other. The conservative forces were willing to adapt to the inevitable changes in society but this willingness was aimed at retaining the organic link with the past and preventing radical change. The liberal middle class, in spite of their desire for systematic, radical reform with a view to its expansion, showed restraint,

4550-464: Was convened in November 1830 to create a 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 1831 constitution

4620-417: Was convened on 14 July 1789 (coincidentally the day of the Storming of the Bastille ). Its task was to do much of the drafting of the articles of the constitution. It included originally two members from the First Estate (Champion de Cicé, Archbishop of Bordeaux and Talleyrand , Bishop of Autun ); two from the Second (the comte de Clermont-Tonnerre and the marquis de Lally-Tollendal ); and four from

4690-426: Was formed by the Belgians to organize a revolt against the occupying force, and the Dutch began their retreat on the 26th. On 27 September the Revolutionary Committee assumed the title of Provisional Government, and two days later on 28 September it set up a Central Committee. This Central Committee proclaimed the independence of the "provinces of Belgium" on 4 October 1830. Afterwards, the term Provisional Government

4760-428: Was given a favoured position while maintaining its independence. The draft document was completed on 7 February 1831. 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

4830-410: Was increasingly used to refer to the Central Committee. Apart from the Central Committee, there also were Special Committees for War, Internal Affairs, Finance, Justice, Public Safety, and Diplomacy; each of these had distinct ramifications for the history of Belgium. The Provisional Government exercised both executive and legislative power until 10 November 1830, when the National Congress met for

4900-440: Was inserted in Title IX stipulating that the marriage of Princess Astrid of Belgium and Archduke Lorenz of Austria-Este , is deemed to have received such consent. This provision was inserted because, as their marriage took place in 1984, before women were included in the line of succession, their marriage did not require the King's consent at the time. Article 86 provides that, if there are no descendants of King Leopold I , then

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