ABSTRACT
This chapter traces the development in Belgian constitutional doctrine of the closely related subjects of sovereignty and referendums from 1831 onwards. It charts the different points of view on sovereignty from the nineteenth century until the definite breakthrough of the national sovereignty interpretation between 1893 and the 1960s, as well as the implications this development had for the perceived (un)constitutionality of referendums. Its central claim is that there is not one well-defined, stable sovereignty interpretation which undergirds the Belgian Constitution. Instead, sovereignty has been defined and redefined on several occasions under the influence of societal circumstances and in service to political goals. The cumulative effect of these reinterpretations has been to promote a conservative understanding of sovereignty, enabling the establishment to preserve the political status quo to its own benefit. The resulting national sovereignty myth is not only historically and juridically inaccurate, but also obscures the rich and nuanced debates on sovereignty in Belgian constitutional doctrine as they developed over almost two centuries. The chapter concludes by reconnecting our understanding of sovereignty to these historical struggles, and by asking what lessons we can draw from them in light of modern concerns about democracy.
