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.

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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.

1. CONSTITUTIONAL PRINCIPLES: A HISTORICAL AND SOCIOLOGICAL ACCOUNT
PART I: THE HISTORICAL BACKGROUND OF THE CONSTITUTION
PART II: NATIONAL SOVEREIGNTY AND A ‘MUZZLED’ KING
A. National Sovereignty
B. A Parliamentary Monarchy: The King ’ s Powers Limited
PART III: THE TRANSFORMATION OF THE UNITARY DECENTRALISED STATE INTO A FEDERAL STATE: SIX IMPORTANT STATE REFORMS
A. Before 1970
B. The 1970 Reform: The Foundations of the New State
C. The 1980 Reform: The Regions Come Alive
D. The 1988 Reform: The Creation of the Brussels-Capital Region
E. The 1993 Reform: Federalism at Last
F. The 2001 – 2003 Reform: Without Modifying the Constitution
G. The 2012 – 2013 Reform: A Long Journey to …
Conclusion
Further Reading
2. THE FUNDAMENTAL PRINCIPLES OF THE BELGIAN CONSTITUTION
PART I: CONSTITUTIONALISM
A. The Constitution
B. The Rechtsstaat
C. The Separation of Powers
PART II: THE DEMOCRATIC PRINCIPLE
A. Constitutional Concepts of Democracy
B. Challenges
PART III: FEDERALISM AND MULTILEVEL GOVERNANCE
Conclusion
Further Reading
3. FEDERALISM AND THE MULTILEVEL STRUCTURE OF GOVERNMENT
PART I: FEATURES
A. General Features
B. Particular Features
C. Future Prospects
PART II: ALLOCATION OF COMPETENCES
A. Residual Powers
B. Techniques for the Allocation of Powers
C. Processes for Changing the Distribution of Powers
PART III: SUBNATIONAL CONSTITUTIONALISM
PART IV: BRUSSELS
PART V: BELGIUM IN THE EUROPEAN UNION
A. Constitutional Hubs for European Integration
B. Capturing Tri-Level Dynamics in the Constitutional System
Conclusion
Further Reading
4. THE LEGISLATIVE BRANCH
PART I: PARLIAMENTARY GOVERNMENT AND POLITICAL PARTIES
A. The Crucial Role of Political Parties in the Belgian System of Parliamentary Government
B. Status and Financing of Political Parties
PART II: THE ELECTORAL SYSTEM
A. Voting Rights and Quotas
B. Principles of the Electoral System
PART III: BICAMERALISM
PART IV: FUNCTIONS
A. The Legislative Function
B. The Power of the Purse
C. Parliamentary Control
D. Foreign Affairs and Military Matters
PART V: MEMBERS OF PARLIAMENT: LEGAL STATUS
PART VI: DISSOLUTION OF PARLIAMENT
PART VII: PARLIAMENT AND EUROPEAN
INTEGRATION
Conclusion
Further Reading
5. THE EXECUTIVE POWER AND ADMINISTRATION
PART I: THE KING AS HEAD OF THE EXECUTIVE POWER
PART II: GOVERNMENT AS THE HEART OF THE EXECUTIVE
A. Council of Ministers (The Federal Cabinet)
B. Council of Ministers and State Secretaries
C. The Inner Cabinet ( Het Kernkabinet )
D. The Crown Council
PART III: COMPETENCES
A. Nomination of Ministers, Secretaries of State and Civil Servants
B. Execution of Laws
C. Foreign Affairs
D. Defence
PART IV: LEGAL STATUS
A. The King
B. The Ministers and the Secretaries of State
PART V: POLITICAL AND LEGAL ACCOUNTABILITY
PART VI: ADMINISTRATION AND PUBLIC SERVICES
PART VII: CURRENT AFFAIRS
Conclusion
Further Reading
6. THE PLURALISTIC JUDICIAL SYSTEM AND THE CONSTITUTIONAL COURT
PART I: CONSTITUTIONAL PRINCIPLES
A. Constitutional Principles and the Court System
B. Constitutional Principles of Due Process
PART II: THE CONSTITUTIONAL COURT
A. Establishment and Development
B. Composition
C. The Powers and Procedures of the Court
D. The Role of the Constitutional Court
PART III: THE COURTS AND EUROPEAN INTEGRATION
Conclusion
Further Reading
7. FUNDAMENTAL RIGHTS
PART I: AN OUTDATED CATALOGUE OF FUNDAMENTAL RIGHTS?
A. The Emergence of New Rights
B. The Internationalisation of Fundamental Rights
C. Horizontal Effect of Fundamental Rights
PART II: THE BELGIAN FORMAL APPROACH TO FUNDAMENTAL RIGHTS
A. A Legal Basis for Restrictions Through Acts of Parliament
B. No Prior Intervention
C. Looking at Fundamental Rights Through the Prism of Equality
PART III: THE EUROPEAN CONTRIBUTION TO FUNDAMENTAL RIGHTS
A. The European Convention on Human Rights
B. EU Law
PART IV: CONCURRING FUNDAMENTAL RIGHTS
PART V: THE PROBLEM OF LINGUISTIC RIGHTS: A CASUS BELLI ?
PART VI: NEW CHALLENGES TO FUNDAMENTAL RIGHTS PROTECTION
Conclusion
Further Reading
CONCLUSION: NO FUTURE FOR BELGIUM OR A BELGIAN BLUEPRINT FOR THE FUTURE?
ECONOMIC CONTEXT
DEMOGRAPHIC CONTEXT
EUROPEAN INTEGRATION
A FUTURE FOR BELGIUM?

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In this comprehensive textbook, the institutional structure and the principles governing the Belgian constitutional system are explained in the light of its historical, demographic and political context.
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Accessible, contextual introductions to the
constitutional systems of the world.
In the era of globalisation issues of constitutional law and good governance are being seen increasingly as vital issues in all types of society. Since the end of the cold war there have been dramatic developments in democratic and legal reform, and post-conflict societies are also in the throes of reconstructing their governance systems. Even societies already firmly based on constitutional governance and the rule of law have undergone constitutional change and experimentation with new forms of governance; and their constitutional systems are increasingly subjected to comparative analysis and transplantation. Constitutional texts for practically every country in the world are now easily available on the internet. However, texts which enable one to understand the true context, purposes, interpretation, and incidents of a constitutional system are much harder to locate, and are often extremely detailed and descriptive. This series seeks to provide scholars and students with accessible introductions to the constitutional systems of the world, supplying both a road map for the novice and, at the same time, a deeper understanding of the key historical, political, and legal events which have shaped the constitutional landscape of each country. Each book in the series deals with a single country or a group of countries with a common constitutional history, and each author is an expert in their field.

Countries covered by the series so far:

Australia
The Republic of Austria
Belgium
Brazil
Canada
Chile
China
The Commonwealth Caribbean
Czechia
The European Union
Finland
France
Germany
The Independent States of Central Asia
India
Indonesia
Ireland
Israel
Italy
Japan
Malaysia
Mexico
Myanmar
New Zealand
Pakistan
Poland
Romania
The Russian Federation
Singapore
South Africa
Spain
Taiwan
Thailand
The United Kingdom
The United States of America
Vietnam


PRAISE FOR THE SERIES
"This superb series provides sophisticated and up-to-date introductions to the major constitutional systems of the world, accurately and clearly describing not only the current constitutional rules and structures, but also (and equally importantly) setting them in their historical and cultural context…There is no other series of guides quite like it" William B Ewald, Professor of Law and Philosophy, University of Pennsylvania Law School

"... ideal for undergraduate and introductory law school courses on comparative constitutional law" William E Butler, Journal of Comparative Law

"I just wanted to congratulate you on your series "Constitutional Systems of the World"… by including countries which normally don't get attention, you do a great service to a more modern comparative constitutionalism. I hope that this collection will grow!" Dr Jörg Menzel, Associate Professor, University of Bonn, Germany

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Produktdetaljer

ISBN
9781849464154
Publisert
2015-10-22
Utgiver
Bloomsbury Publishing PLC
Vekt
400 gr
Høyde
214 mm
Bredde
138 mm
Dybde
20 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet

Biografisk notat

Patricia Popelier is Professor of Constitutional Law at the University of Antwerp.
Koen Lemmens is Associate Professor of Human Rights at the Catholic University of Louvain.