Sovereignty, Civic Participation, and Constitutional Law: The People versus the Nation in Belgium

This book explores the Belgian Constitution's ambiguity regarding sovereignty and citizen participation, challenging the notion that direct democracy is unconstitutional. It provides insights into the 1831 Constitution's debates and concludes that the spirit allows for more popular participation than current jurisprudence admits. The book is a valuable resource for scholars in constitutional law, political and legal philosophy, and legal history.

Format: Paperback / softback
Length: 304 pages
Publication date: 09 January 2023
Publisher: Taylor & Francis Ltd

This book offers valuable insights into sovereignty and citizen participation in the Belgian Constitution, drawing attention to scholars from various fields such as law, philosophy, history, and politics. The demand for greater citizen involvement in decision-making processes is on the rise across the Western world, with referendums, citizen councils, and direct democracy being seen as essential counterbalances to the growing hostility towards traditional party politics. In Belgium, the introduction of participatory politics has faced challenges due to ambiguity in the Constitution. Scholars and judges argue that the Constitution grants ultimate power to the nation, which can only be expressed through parliamentary representation. Consequently, direct democracy is perceived as an unconstitutional power grab by the current generation of citizens.

In this book, the author critically examines this prevailing interpretation of the Constitution and delves into the debates among Belgium's founding fathers in 1831. Through a comprehensive analysis, the author concludes that the received interpretation is untenable. The spirit, if not the text, of the Belgian Constitution allows for more extensive popular participation than current jurisprudence admits. This book is a groundbreaking contribution to the field, making recent debates accessible to international scholars. It provides a rare source of information on Belgium's 1831 Constitution, which was once hailed as the pinnacle of modern constitutionalism and served as a model for countless other constitutions. However, the questions raised by this book resonate far beyond Belgium, shedding light on broader issues of constitutional theory and governance.

The book combines insights from law, philosophy, history, and politics, presenting a comprehensive examination of the Belgian Constitution. It serves as a showcase for continental constitutional theory and will be an invaluable resource for academics and researchers in constitutional law, political and legal philosophy, and legal history. By exploring the interplay between sovereignty, citizen participation, and the Constitution, this book offers valuable insights into the dynamics of democratic governance and the challenges faced by societies seeking to enhance their democratic systems.

Weight: 580g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367712280