Behind a Veil of Ignorance? by Louis M. Imbeau & Steve Jacob

Author:Louis M. Imbeau & Steve Jacob
Language: eng
Format: epub
Publisher: Springer International Publishing, Cham

2 Historical Context of the Drafting and Adoption of the Constitutions

2.1 What Issues and Historical Events Led to the Drafting and Adoption of the 1831 Constitution?

In 1831, a national revolution triggered constitutional work. Domestic political issues cannot be disentangled from international turmoil at a time when civil wars were spreading throughout Europe. Among these wars, “Les Trois Glorieuses” or “La Révolution de Juillet” in France, the revolutionary movements in Germany and Italy, and the November uprising in Poland illustrate the mobilizations and upheavals that began to sprout across Europe in 1830. The Belgian and Greek revolutions were both leading toward independence, from the Netherlands and the Ottoman Empire, respectively. As such, they were each required to draft and adopt a Constitution for these new States.

The general historical context for the drafting and adoption of the Constitution cannot ignore domestic economic and social issues. During the nineteenth century, Belgium developed industry (notably the sectors of textiles and coal mines), railways (Cockerill), river traffic, and harbors. The first decade of Belgian independence was characterized by a difficult economic conjuncture (Witte et al. 2005: 125–143), and the nascent State was obliged to consolidate its financial and monetary policies. Moreover, social claims accompanied industrial developments in spite of the fact that social classes, especially the working class, were not yet organized for a class struggle (Mabille 1992: 96). At this moment in time, religion persisted as the main domestic social issue. As early as 1830, Liberals (traditionally secular) and Catholics formed two dominant pillars, each corresponding to a political family (political parties were created until 1846 and 1884), with its own advocacy groups, its own press, etc.

Divergent visions emerged regarding the role of the State and the Church to organize education, charity, and the supervision of citizens in general. To secure the independence of the State, and to favor its stability, these political families put their philosophical differences aside. The period from 1830 through 1839 became known as the so-called unionist period. Catholics and Liberals agreed to remain united, rather than at odds, on this important domestic issue. This acquiescence was a necessary condition in order for the Belgian State to be recognized by the Great Powers (France, the United Kingdom, Germany, and Russia). In 1830, they could not know where this cleavage would lead them in the future. This uncertainty is taken into account when we analyze the drafting and adoption of the Constitution.

Besides, in 1830, conflict over linguistic or cultural cleavage was not yet obvious. It was the French-speaking elite who participated in the revolution, gained the independence for the State, and engaged in drafting and adopting the Constitution. Further, it was the French language that distinguished Belgian citizens from their Dutch-speaking colonizers. French was also the language commonly spoken by the elites, should they live in the North or in the South of the country. However, it is important to point out that local idioms were already present. Observers were already expressing uncertainty as how to tackle the Flemish and “Picard” dialects.

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