ABSTRACT
This chapter starts by interpreting article 25 (now article 33) of the Belgian Constitution in light of the intellectual and political circumstances of 1830–1831. This interpretation is further substantiated by looking at the debates in contemporary newspapers and by situating it in the drafter’s broader constitutional project. It is argued that this project is strongly influenced by the ideas of Benjamin Constant. In the second half of the chapter, the traditional ‘national sovereignty’ interpretation of article 25 is critically examined. After presenting its core tenets, this interpretation is shown to be erroneous and, even with slight alterations, indefensible. By way of conclusion, this chapter briefly discusses the constitutionality of referendums in Belgium. Although not favoured by Belgium’s founding fathers, it is claimed that referendums could nevertheless be part of a coherent continuation of their project in contemporary circumstances.
