ENGLISH

The Constitution of Belgium: A Contextual Analysis

By Patricia Popelier; Koen Lemmens

Book information

Publisher
Hart Publishing
Year
2015
ISBN
9781849464154, 9781782259473, 9781782259459
Language
english
Format
PDF
Filesize
9 MB (9647228 bytes)
Series
Constitutional Systems of the World
Pages
\308
Time added
2023-05-22 09:10:26

Description

The Belgian Constitution, once described as a model of consensus democracy, has now become an enigma in comparative federalism. On the one hand, it demonstrates features which suggest institutional instability as well as elements that enhance the probability of secession. On the other hand, Belgium continues to exist as a federal system, based upon linguistic bipolarity. This linguistic bipolarity dominates Belgian politics and has shaped the design of Belgium’s institutions as well as the Constitution’s fundamental organising principles: concepts of federalism, democracy, separation of powers, constitutionalism and the rule of law. In this book, the institutional structure and the principles governing the Belgian constitutional system are explained in the light of its historical, demographic and political context. Linguistic bipolarity and its historical evolution explain the establishment of the Belgian State structure as a dual federalism, with exclusive powers, instruments for consensus making and obstruction, and elements of confederal decision making. It also explains the evolution in the concept of principles of democracy and the rule of law. Besides describing the devolutionary process, the book also incorporates two other elements that have shaped the Belgian constitutional landscape: fundamental rights and Europeanisation. Preface A Constitution in Search of a Nation Contents Table of Cases Table of Legislation 1. Constitutional Principles: A Historical and Sociological Account PART I: THE HISTORICAL BACKGROUNDOF THE CONSTITUTION PART II: NATIONAL SOVEREIGNTYAND A ‘MUZZLED’ KING PART III: THE TRANSFORMATION OF THE UNITARY DECENTRALISED STATE INTO A FEDERAL STATE: SIX IMPORTANT STATE REFORMS 2. The Fundamental Principles of the Belgian Constitution PART I: CONSTITUTIONALISM PART II: THE DEMOCRATIC PRINCIPLE PART III: FEDERALISM AND MULTILEVEL GOVERNANCE 3. Federalism and the Multilevel Structure of Government PART I: FEATURES PART II: ALLOCATION OF COMPETENCES PART III: SUBNATIONAL CONSTITUTIONALISM PART IV: BRUSSELS PART V: BELGIUM IN THE EUROPEAN UNION 4. The Legislative Branch PART I: PARLIAMENTARY GOVERNMENT ANDPOLITICAL PARTIES PART II: THE ELECTORAL SYSTEM PART III: BICAMERALISM PART IV: FUNCTIONS PART V: MEMBERS OF PARLIAMENT: LEGAL STATUS PART VI: DISSOLUTION OF PARLIAMENT PART VII: PARLIAMENT AND EUROPEAN INTEGRATION 5. The Executive Power and Administration PART I: THE KING AS HEAD OF THE EXECUTIVE POWER PART II: GOVERNMENT AS THE HEART OF THEEXECUTIVE PART III: COMPETENCES PART IV: LEGAL STATUS PART V: POLITICAL AND LEGAL ACCOUNTABILITY PART VI: ADMINISTRATION AND PUBLIC SERVICES PART VII: CURRENT AFFAIRS 6. The Pluralistic Judicial System and the Constitutional Court PART I: CONSTITUTIONAL PRINCIPLES PART II: THE CONSTITUTIONAL COURT PART III: THE COURTS AND EUROPEAN INTEGRATION 7. Fundamental Rights PART I: AN OUTDATED CATALOGUE OF FUNDAMENTAL RIGHTS? PART II: THE BELGIAN FORMAL APPROACH TOFUNDAMENTAL RIGHTS PART III: THE EUROPEAN CONTRIBUTIONTO FUNDAMENTAL RIGHTS PART IV: CONCURRING FUNDAMENTAL RIGHTS PART V: THE PROBLEM OF LINGUISTIC RIGHTS:A CASUS BELLI? PART VI: NEW CHALLENGES TO FUNDAMENTALRIGHTS PROTECTION Index

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