This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power).In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory.Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyès' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu) This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.

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.

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.

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 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.

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' Sionaidh Douglas-Scott, King's College London, UK 'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' Jo Shaw, Edinburgh Law School, UK This book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States. The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it. The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.

The Bologna Declaration started the development of the European Higher Education Area. The ensuing Bologna Process has run for already 20 years now. In the meantime many higher education systems in Europe have been reformed – some more drastically than others; some quicker than others; some with more resistance than others. In the process of reform the initial (six) goals have sometimes been forgotten or sometimes been taken a step further. The context too has shifted: while the European Union in itself has expanded, the voice for exit has also been heard more frequently. Higher Education System Reform: An international comparison after Twenty Years of Bologna critically describes and analyses 12 Higher Education Systems from the perspective of four major questions: What is currently the situation with regard to the six original goals of Bologna? What was the adopted path of reform? Which were the triggering (economic, social, political) factors for the reform in each specific country? What was the rationale/discourse used during the reform? The book comparatively analyses the different systems, their paths of reforms and trajectories, and the similarities and the differences between them. At the same time it critically assesses the current situation on higher education in Europe, and hints towards a future policy agenda. Contributors are: Tommaso Agasisti, Bruno Broucker, Martina Dal Molin, Kurt De Wit, Andrew Gibson, Ellen Hazelkorn, Gergely Kovats, Liudvika Leišytė, Lisa Lucas, António Magalhães, Sude Peksen, Rosalind Pritchard, Palle Rasmussen, Anna-Lena Rose, Christine Teelken, Eva M. de la Torre, Carmen Perez-Esparrells, Jani Ursin, Amélia Veiga, Jef C. Verhoeven, Nadine Zeeman, and Rimantas Želvys.