Isabella Carter
The Belgian Constitution dates back to 1831, and since then, Belgium has been a parliamentary monarchy. The Belgian Constitution was amended four times between 1970 and 1993 to accommodate regional differences and cultural diversities. The amendments were made to enable everyone to live together within the same country peacefully. The Belgian Constitution can be amended by the federal legislative power, which includes the King.
| Characteristics | Values |
|---|---|
| Time period | Between 1970 and 1993 |
| Reason | To accommodate regional differences and cultural diversities |
| Number of times amended | 4 times |
| Result | An arrangement that would enable everyone to live together within the same country |
| Number of Dutch and French-speaking ministers | Equal in the central government |
| Special laws | Require the support of the majority of members from each linguistic group |
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What You'll Learn
Belgium's Constitution of 1831
The original document was written in French, with an official Dutch version only adopted in 1967, and a German version in 1991. The Belgian Constitution of 1831 guaranteed the freedoms of expression, education, religion, and the press, though the franchise was limited by a property tax qualification. It also placed the Catholic Church in a privileged position, maintaining its independence while mandating the separation of Church and State.
The Constitution of 1831 established Belgium as a unitary state organised at three levels: the national level, provinces, and municipalities. It recognised the sovereignty of the people, with a monarch and dynasty that owed their position to an oath sworn to honour the constitution. It provided for a bicameral legislature, with both houses completely elected by the people, an independent judiciary, and a state-paid but independent clergy. It also included a declaration of the rights of the citizen, based on the principles of 1776 and 1789, with some improvements.
The Belgian Constitution can be amended by federal legislative power, which consists of the King, the House of Representatives, and the Senate. Between 1970 and 1993, the Belgian leaders amended the constitution four times to accommodate regional differences and cultural diversities, maintaining harmony in the country. There are, however, restrictions on the power of the Federal Parliament to amend the Constitution. For instance, Article 196 states that the process of amending the Constitution cannot occur during times of war or when the Federal Parliament cannot freely assemble in Belgium.
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Amendments for cultural diversity
The Belgian Constitution has been amended 29 times since the coordinated text was published in the Belgian Official Journal on 17 February 1994. The most recent change was made on 24 October 2017.
Belgium is known for its constitutional amendments that accommodate cultural and regional differences. Between 1970 and 1993, the Belgian leaders amended their constitution four times to maintain harmony in the country.
Belgium has long recognised the existence of regional differences and cultural diversities. The Belgian Constitution provides for the right to cultural and social development. Article 24 protects the freedom of education and the parents' right to choose. It stipulates that the community must provide neutral education, which includes respect for the philosophical, ideological, and religious views of parents and pupils. The Belgian Constitution also guarantees the freedom of the press, assembly, and association in Articles 25, 26, and 27, respectively.
Article 163 of the Belgian Constitution is also worth noting in the context of cultural diversity. It stipulates that the functions of the provincial organs are exercised in the extraprovincial Brussels-Capital Region by the institutions of the Flemish Community, the French Community, the Common Community Commission, and the Region. This article describes the organisation of the institutions of the provinces and municipalities of Belgium, ensuring that the various cultural communities are represented and involved in decision-making.
Additionally, Article 13 of the Constitution addresses cultural matters and cooperation between communities. It establishes that cultural issues and education are determined by decree by the French and Dutch Community Councils, respectively. This article ensures that cultural matters are addressed and decided upon by the relevant communities, allowing for cultural diversity to be respected and considered in decision-making.
The Belgian Constitution also includes a Court of Arbitration, which was established by a special law in 2003 and redesignated as the Constitutional Court in May 2007. This court has the authority to examine whether laws and decrees comply with the Constitution, including Title II (Articles 8 to 32) and Articles 170, 172, and 191. The Court plays a crucial role in ensuring that the laws and decrees respect the cultural and regional differences enshrined in the Constitution.
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Amendments between 1970 and 1993
Between 1970 and 1993, the Belgian Constitution was amended four times. This was done to maintain peace and unity in the country, accommodating regional differences and cultural diversities. Belgium sits across a fault line that separates German and Latin civilizations, and the amendments helped to ensure that the different communities could live together peacefully within the same region without confrontations.
The Belgian Constitution can be amended by the federal legislative power, which includes the King (or, in practice, the Federal Government) and the Federal Parliament. The amendment process is governed by the provisions of Title VIII of the Constitution, which is titled "The Revision of the Constitution." To amend the Constitution, the federal legislative power must first declare that there are reasons to revise it, in accordance with Article 195. This declaration is made through two "Declarations of Revision of the Constitution." One is adopted by the Chamber of Representatives and the Senate, and the other is signed by the King and the Federal Government. Following this declaration, the Federal Parliament is automatically dissolved, and a new federal election must take place. This makes it impossible to amend the Constitution unless an election has intervened.
The procedure to change and consolidate the structure of the Belgian Constitution and its subdivisions and articles is called "coordination." This procedure has only been used once in Belgian history, in 1993, to amend the Constitution's first article. This article now stipulates that Belgium is a federal state composed of Communities and Regions.
In addition to the four amendments made between 1970 and 1993, the Belgian Constitution has undergone numerous other amendments since it was first established in 1831. For example, in 1999, Article 150 of the Constitution, which establishes a jury for all felonies and political and press-related offences, was amended to include a provision that "press-related offences inspired by racism or xenophobia" would not be tried by a jury.
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Federal legislative power
The Belgian Constitution of 1831 established Belgium as a unitary state organised at three levels: national, provincial, and municipal. Since then, Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for government policy and the separation of powers. The Belgian Federal Parliament consists of two chambers: the Chamber of Representatives (lower house) and the Senate (upper house). The Chamber of Representatives is the primary legislative body, and the Senate functions as a meeting place for the federal communities and regions. The Belgian Constitution does not mention the Federal Parliament but stipulates that federal legislative power is exercised by the King and the Chamber of Representatives (and exceptionally the Senate). The King does not exercise any personal authority; his ministers bear full responsibility by jointly signing the draft laws enacted by Parliament and Royal Decree.
Legislative powers in Belgium are divided between the national, regional, and community levels. Each of the five components of the federal system (Flemish Community, French Community, German-speaking Community, Walloon Region, and Brussels-Capital Region) has its own directly elected unicameral council or parliament. They vote on decrees or ordinances, which carry the same weight as federal laws.
The Chamber of Representatives has 150 members, and the Senate has 60. All 150 representatives are directly elected through proportional representation. The Senate consists of 50 senators elected by the parliaments of the communities and regions and 10 senators co-opted by the others. Since the 2014 elections, the Senate has had fewer competencies than the Chamber of Representatives. There are now three different legislative procedures: the one-chamber procedure, the optional two-chamber procedure, and the mandatory two-chamber procedure. In certain matters, both chambers have equal power.
The Belgian Constitution can be amended by federal legislative power, which consists of the King and the Chamber of Representatives (and exceptionally the Senate). Between 1970 and 1993, the Belgian Constitution was amended four times to accommodate regional differences and cultural diversities and maintain harmony in the country. The most recent major change to the constitution was the introduction of the Court of Arbitration, which developed into the Constitutional Court in 2007. This court examines whether laws or decrees comply with Title II and Articles 170, 172, and 191 of the Constitution.
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Restrictions on amendments
The Belgian Constitution has been amended 29 times since the coordinated text was published in the Belgian Official Journal on 17 February 1994. The most recent amendment was on 24 October 2017. The Belgian Constitution can be amended by the federal legislative power, which includes the King (or the Federal Government in practice) and the Federal Parliament.
There are several restrictions on the power of the Federal Parliament to amend the Constitution. Firstly, according to Article 196, amendments cannot be initiated or continued during times of war or when the Federal Parliament cannot freely assemble in Belgium. Additionally, Article 197 stipulates that provisions related to the King's constitutional powers cannot be amended during a regency.
The amendment process is outlined in Title VIII of the Constitution, titled "The Revision of the Constitution." To initiate an amendment, the federal legislative power must declare a valid reason for revising the Constitution, as per Article 195. This involves two "Declarations of Revision of the Constitution." One is adopted by the Chamber of Representatives and the Senate, while the other is signed by the King and the Federal Government. Following this declaration, the Federal Parliament is dissolved, and new federal elections are held. This procedural requirement ensures that amendments cannot be made without an intervening election.
Furthermore, the federal legislative power can modify the structure of the Constitution, including the number and subdivisions of articles, as well as the terminology used, to ensure harmony between different language versions of the Constitution (Dutch, French, and German). However, neither chamber can debate such modifications unless at least two-thirds of its members are present, and any modifications must be approved by a two-thirds majority vote.
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Frequently asked questions
Four times.
To accommodate regional differences and cultural diversities, enabling everyone to live together within the same country.
The number of Dutch and French-speaking ministers in the central government was equalised. Special laws were also put in place to require the support of the majority of members from each linguistic group, preventing unilateral decision-making by a single community.
The Belgian Constitution dates back to 1831, establishing Belgium as a parliamentary monarchy. The most recent major change was the introduction of the Constitutional Court (formerly known as the Court of Arbitration) in 2007.
Yes, Article 196 of the Constitution states that the process cannot be initiated or continued during times of war or when the Federal Parliament cannot freely meet in Belgium. Additionally, Article 197 stipulates that the provisions relating to the King's constitutional powers cannot be amended during a regency.
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