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.

Originally published in 1963. Between 1945 and 1951, Belgium faced a crisis in political leadership when its ruling monarch, King Leopold III, was accused of violating the Belgian Constitution during World War II. The "question" at hand refers to the uncertainty over whether King Leopold III could return to Belgium as king. Leopold III and the Belgian Royal Question documents the history of this political crisis, culminating with the abdication of King Leopold and the assumption of the crown by Baudouin, Leopold's son.

This book explores the political ideas of the Belgian Revolution of 1830, which led to the break-up of the Restoration state of the ‘united’ Kingdom of the Netherlands. It uncovers the origins of liberalism and political Catholicism in the Southern Netherlands in the wake of the French Revolution, and traces the development of political language in the context of the tensions between the Northern and Southern part of the united Netherlands. It shows how differences in ‘Dutch’ and ‘Belgian’ political and intellectual history resulted in different understandings of essential political concepts such as ‘sovereignty’ and ‘balance of powers’, as well as of the nature of the constitutional order of 1815. Finally, it traces the emergence of Belgian nationalism within the discourse of opposition against the government. Stefaan Marteel therefore provides a fresh perspective on the intellectual background of the rise of the nation-state in the nineteenth century.

Presents a critical outline and comparison of selected EU Member State constitutional identities in the context of EU multilevel constitutionalism.

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.

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

The political history of Belgium is a fascinating story that should not be kept from speakers of English in Belgium and abroad. From an international point of view, Belgium has been a trendsetter in many ways. It was the first country on the European continent to experience a quick process of industrialisation, with the development of the first liberal state following closely behind. More than elsewhere, liberalism reigned supreme in the 19th century, and as a result the social question was raised with great vehemence. The World Wars put Belgium in the middle of the fighting twice over; especially after 1945, the country played a prominent international role, first in the foundation of the Atlantic alliance and the European construction, and later in the decolonisation of the Congo. In the meantime, Belgium has developed into one of the countries experiencing the full force of globalisation, and, thanks to Brussels, into one of the preeminent international political centres. Belgium is also a model of pacification democracy. Throughout many conflicts during the 19th and 20th centuries, an enduring compromise grew between Catholics and freethinkers, making Belgium one of the most pluralistic countries in Europe today. The fierce conflict between workers and employers, in its turn, led to a well-functioning model of a consultation and welfare state. Two cultures live together in Belgium. Up until the second half of the past century, the Flemish majority was at an economic, political and cultural disadvantage; during the process of catching up, coinciding with the demise of the Walloon economy, a complex federal model developed, in which cosmopolitan Brussels takes a very special position. This book aims to offer a historical perspective in interpreting the current tensions in Belgian politics based on scientific literature. Political History of Belgium is without doubt the outstanding authoritative reference work about the political history of a country at the centre of the development of Europe. As such, it offers essential background information for politicians, policy makers, civil servants, journalists, researchers, students and anyone with an interest in Belgium and Europe.