Procedural controversies related to the extraordinary 
amendment of the Constitution of the Kingdom of Belgium in 2012–2014 Cover Image

Kontrowersje proceduralne wokół ekstraordynaryjnego trybu rewizji Konstytucji Królestwa Belgii w latach 2012–2014
Procedural controversies related to the extraordinary amendment of the Constitution of the Kingdom of Belgium in 2012–2014

Author(s): Andrzej Jackiewicz
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, History of Law
Published by: Kancelaria Sejmu
Keywords: Belgium; sixth state reform; amendment of the Constitution; Butterfly Agreement

Summary/Abstract: In the article, the author analyzes the sixth state reform carried out in 2012–2014, the direct justification of which was the deep socio-political crisis concentrated in the highly fragmented House of Representatives. The need to implement a political understanding that was to resolve the conflict prompted the Belgian Parliament to apply a novel procedural ruse. Since it differed from the original amendment procedure, it raised significant controversy, which was discussed in the article in the course of assessment of the constitutionality of the introduced amendments. The effects of such a unique approach included mostly intensified discussions on the legitimacy of maintaining the primary, rather rigorous procedure of amending the Constitution of the Kingdom of Belgium, which resulted in proposals of implementing a more flexible and more democratic procedure.

  • Issue Year: 2020
  • Issue No: 4
  • Page Range: 63-83
  • Page Count: 21
  • Language: English, Polish