Revision of the Constitution of the Kingdom of Belgium by Using the “Implicit” Method
- Institution: University of Białystok
- ORCID: https://orcid.org/0000-0001-6957-3139
- Year of publication: 2021
- Source: Show
- Pages: 19-29
- DOI Address: https://doi.org/10.15804/ppk.2021.06.01
- PDF: ppk/64/ppk6401.pdf
This paper focuses on the unique characteristics of revisions of the Constitution of the Kingdom of Belgium using the so-called “implicit” method. To the extent necessary, the paper outlines the ordinary, extremely difficult procedure defined in Art. 195 of the Constitution for amending the Constitution and then defines the implicit method as an informal method of implied revision of the Constitution designed to “circumvent” the procedure indicated in that Article. The author is critical of the method presented herein. In his opinion, a constitutional revision carried out in this manner contributes to a devaluation of the importance of the Constitution while demonstrating the need for a reform of its Art. 195.