ABSTRACT
Subnational constitutionalism is a delicate topic in Belgium: of little relevance in daily life, but touching some nerves as a symbol of autonomy. The embryonic level of subnational constitutionalism, as well as the symbolic value attached to it, have to be understood within the context of Belgian federalism in a divided state. Belgian federalism is fragmenting, multinational, dyadic, overlapping and asymmetric. The procedure for changing subnational constitutional provisions is more flexible than the procedure for amending the federal Constitution or for amending special majority laws, which often have a quasi-constitutional character. The way subnational constitutionalism is shaped, with punctual deviations to federal provisions, makes for fragmentation and therefore little transparency. The Belgian Constitution designates the ‘nation’ as the source of all powers. The concept of national sovereignty became outdated as soon as the Constitution, in 1970, lay the foundation for the multinational organization of political institutions in a divided state.
