Sovereignty in the Belgian Constitution: its 1831 meaning and its implications for political participation today.

The phrase Tous les pouvoirs émanent de la Nation (art. 33) is often considered the keystone of the Belgian constitution, purportedly expressing the drafters view on sovereignty. Yet the phrase has generated a multitude of interpretations. Today, most public law textbooks claim that the phrase gives sovereignty to the nation (a fictitious, transgenerational entity) as opposed to the people (the currently existing generation of citizens). This research project will put into question this simplistic view and construct a more sound interpretation of the conception of sovereignty that underlies the Belgian constitution. This requires re-embedding the constitution in the political-philosophical debates of its day and investigating the intellectual sources of the Belgian founding fathers. These sources are almost invariably French liberal philosophers, whose ideas were eagerly absorbed in Belgium during the years of opposition against King Willem I. Developing a new interpretation of the constitution is not of mere historical interest. Our contemporary political system faces increasing calls for greater citizen participation. Yet many of these callsin particular: calls for referendumsare resisted by constitutional scholars (and by the Council of State) as going against the spirit of the Belgian constitution and its ingrained conception of sovereignty. But can the constitution really be invoked to this effect? We hope to show that it can not. This research project is situated in what Anglo-American scholars call constitutional theory, a field at the intersection of political and legal philosophy, intellectual history and constitutional law.

Keywords:belgian constitution

Disciplines:History