Belgium’s 1831 representative system

Abstract

In order to understand the exact nature of the concept of sovereignty enshrined by the Belgian Constitution of 1831, it is essential to consider the representative system instated by the constituent National Congress. This chapter argues that the congressmen attributed primacy to the legislative chambers because the chambers, by concentrating in their midst all the individual wills of the people, expressed the general will or the wish of the nation. Importantly, though, parliament was not the only representative of the national will, neither was it considered completely self-contained. Parliament’s expression of the national will was subject to constant evaluation by public opinion. When the assembly failed to respond to popular grievances, other representatives were qualified to address the issue: the king could disband the chamber or pronounce his veto when the national interest required it. The jury, assessing press or political related crimes, could correct oppressive governmental action. And if all of this failed – and only then – the nation could ultimately resist and take matters directly into its own hands. Thus, it is argued that the character of sovereignty in the Belgian state system was ultimately popular.