Fundamental law of Belgium, most recently revised in 1993
The Constitution of Belgium (; ; ) dates back to 1831. Since then Belgium has been a parliamentary monarchy that applies the principles of ministerial responsibility for the government policy and the separation of powers.
The most recent major change to the constitution was the introduction of the Court of Arbitration, whose competencies were expanded by a special law of 2003, to include Title II (Articles 8 to 32), and the Articles 170, 172 and 191 of the Constitution. The Court developed into a constitutional court; in May 2007 it was formally redesignated as the Constitutional Court. This court has the authority to examine whether a law or a decree is in compliance with Title II and Articles 170, 172 and 191.
Historical aspects.
Origins and adoption.
The Belgian Constitution of 1831 was created in the aftermath of the secession of Belgium from the United Netherlands in the Belgian Revolution. After the revolution's initial success, an elected National Congress was convened in November 1830 to create a devise a political order for the new state. The members of the National Congress reflected a variety of political ideals, but the vast majority supported the "Union of Oppositions" which had emerged before the revolution. This brought together moderate liberals with liberally inclined Catholics. As three modern historians describe:
 ;templatestyles src="Template:Blockquote/styles.css" / ;The 1831 constitution was [...] a compromise between the landowners and clergy on the one hand and the liberal middle class on the other. The conservative forces were willing to adapt to the inevitable changes in society but this willingness was aimed at retaining the organic link with the past and preventing radical change. The liberal middle class, in spite of their desire for systematic, radical reform with a view to its expansion, showed restraint, a typical reaction of early liberalism.
The result was a "carefully balanced compromise" that mixed some radical liberal aspects with a firmly conservative ethos. It was inspired by the precedents of the French constitutions of 1791, 1814 and 1830, the Dutch constitution of 1814 and English constitutional principles. Belgium was established as a constitutional monarchy with a bicameral legislature. Powers were separated between the executive, legislative, and judiciary. The Constitution guaranteed the freedoms of expression, education, religion and of the press, though the franchise was severely limited by a property tax qualification. Though liberal in many respects, the constitution also placed the Catholic Church in a privileged position. Despite mandating the separation of Church and State, the Church was given a favoured position while maintaining its independence. The draft document was completed on 7 February 1831.
Political significance.
The Constitution of 1831 was a highly visible national symbol of Belgian nationalism throughout the 19th century. A.V. Dicey, a British legal theorist, concluded that the Belgian document codified a number of conventions long established in the United Kingdom, saying that it "indeed comes very near to a written reproduction of the English constitution". It also inspired contemporary liberal movements in other European countries, including Denmark which adopted its first constitution in 1849 explicitly based on the Belgian precedent. The historian J.A. Hawgood wrote:
 ;templatestyles src="Template:Blockquote/styles.css" / ;The Belgian constitution of 1831 rapidly replaced the Spanish constitution of 1812—except in the remoter backwoods of Latin Europe and Latin America—as the beacon-light for liberals and radicals who did not stand so far to the left [...] that they wanted to overthrow all monarchies and replace them by republics. Wherever a strictly limited constitutional monarchy was the ideal – there stood the Belgium of King Leopold as a shining example. Hers was the constitution that 'had everything' – the sovereignty of the people clearly recognised, a monarch and a dynasty owing their position to having taken an oath to honour the constitution, a bicameral legislature, both houses of which were completely elected fay the people, an independent judiciary, a clergy paid by the state but independent of it, and a declaration of the rights of the citizen firmly based on the principles of 1776 and 1789, yet in a number of respects containing improvements upon these. 
In the 19th century, a "constitutional cult" emerged in Belgium which extolled it as a popular symbol of national identity.
Subsequent development.
The Constitution of 1831 originally established Belgium as a unitary state organised at three levels: national level, provinces and municipalities. State reform in Belgium reconfigured the Belgian political system into on a federal model which entailed significant amendments to the original document.
The official version of the Constitution of 1831 was written in French and was only comprehensible to part of the national population. An official version in Dutch was only adopted in 1967. Up to then, the Dutch text was only a translation without legal value. Since 1991 there is also an official German version of the Constitution.
The original constitutional document is currently in possession of the archives of the Belgian Federal Parliament. In 2020, two researchers claimed the document was being stored in subpar conditions in "a cupboard" in the Parliamentary Secretariat. However, this was disputed by the secretarial staff.
Legal aspects.
Federal Belgium, its composition and territory.
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"Belgium is a federal State composed of Communities and Regions. "
– Article 1 of the Belgian Constitution
Since 1993, the first article of the Constitution stipulates that Belgium is a federal state composed of Communities and Regions. This means that there are two types of devolved entities at the same level, with neither taking precedence over the other.
Article 2 divides Belgium into three communities: the Flemish Community, the French Community and the German-speaking Community, whereas Article 3 divides Belgium into three regions: the Flemish Region, the Walloon Region and the Brussels Region. Article 4 divides Belgium into four language areas: The Dutch language area, the French language area, the bilingual (French and Dutch) area of Brussels-Capital and the German language area. Each municipality of the Kingdom is part of one of these four language areas only. The borders of the language areas can be changed or corrected only by a law supported by specific majorities of each language group of each Chamber.
Article 5 divides the Flemish Region and the Walloon Region into five provinces each and foresees possible future provincial redivisions of the Belgian territory. Article 6 determines that the provinces can be subdivided only by Law. The borders of the State, provinces and municipalities can be changed or corrected only by Law (article 7).
General policy objectives.
In 2007, a Title 1bis was inserted in the Belgian Constitution, titled "General policy objectives of the federal Belgium, the communities and the regions", which to date comprises only one article: Article 7bis. This article states the following: "In the exercise of their respective competences, the federal State, the communities and the regions shall strive for the objectives of a sustainable development in its social, economic and environmental dimensions, taking into account the solidarity between the generations." The act inserting this article was published in the Belgian Official Journal on 26 April 2007.
The Belgians and their rights.
Title II of the Belgian Constitution is titled "The Belgians and their rights". In this title a number of rights and freedoms are enumerated. Although the Constitution speaks of the rights of the Belgians, in principle they apply to all persons on Belgian soil. In addition to the rights enumerated in Title II of the Constitution, the Belgians also enjoy the rights enshrined in the European Convention on Human Rights.
Articles 8 and 9 determine how the Belgian nationality can be obtained. Article 8 also stipulates that the law can grant the right to vote in elections to citizens of the European Union who do not have the Belgian nationality, in accordance with Belgium's international and supranational obligations, and to non-EU citizens. Article 9 stipulates that naturalisation can only be granted by the federal legislative power, however, Article 74 of the Constitution stipulates that only the Chamber of Representatives, and not the Senate, can grant naturalisation.
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"There is no distinction of classes in the State. ;br ;All Belgians are equal before the law; they alone are admissible to ;br ;civil and military offices, save for the exceptions that can be ;br ; established by law for special cases. ;br ;Equality between men and women is guaranteed."
– Article 10 of the Belgian Constitution
Article 10 determines that all Belgians are equal before the law. Article 11 determines that all rights and freedoms must be guaranteed without discrimination. Article 12 guarantees the liberty of the person and stipulates that no one can be prosecuted except in the cases determined by the law and in accordance with the procedures established by law. Article 13 determines that everyone has the right to go to court. Article 14 guarantees the application of the principle of "nulla poena sine lege" (Latin: "no penalty without a law"). There is also an Article 14bis, which was inserted in the Belgian Constitution in 2005, that states as follows: "The death penalty is abolished".
Articles 15 of the Constitution guard against unreasonable searches. It determines that the domicile is inviolable and that searches can only take place in the cases and the manner the law prescribes. Article 16 stipulates that no one can be deprived of his or her property except when it's in the public interest, in the cases and the manner the law prescribes, and that fair and prior compensation must be made.
Article 17 of the Constitution stipulates that the penalty of forfeiture of (all) assets cannot be instituted. Article 18 further stipulates that the penalty of civil death is abolished, and that it cannot be brought back into force. Civil death was a penalty in Belgium in the Ancien Régime.
Articles 19 to 21 guarantee the freedom of religion. Article 19 protects the freedom of religion and the right to exercise it publicly. It also guarantees the freedom of speech by stipulating that everyone has the right to express his or her opinion freely. However, Article 19 also determines that abuses of these freedoms can be punished, a principle which is controversially applied in the Belgian Holocaust denial law, which made it an offence to publicly "deny, minimise, justify or approve of the genocide committed by the German National Socialist regime during the Second World War".
Article 22 determines that everyone has the right to respect for his or her private life and for his or her family life. Exceptions can only be instituted by law. Article 22bis stipulates that every child has the right to respect for his or her "moral, physical, mental and sexual integrity".
Article 23 protects the right to lead a life in conformity with human dignity. This right specifically encompasses the following rights:
Article 24 protects the freedom of education and the parents' right to choose. It also stipulates that the community must provide neutral education, and that this neutrality includes, among others, the respect for the philosophical, ideological and religious views of parents and pupils. The third paragraph of this article determines that everyone has the right to education, with respect for the fundamental rights and freedoms, and that education shall be free in its compulsory stages. (In Belgium, education is compulsory until the age of 18.)
Article 25 of the Constitution guarantees the freedom of the press and stipulates that censorship can never be established. Article 26 protects the freedom of assembly by determining that everyone has the right to gather peaceably and without arms. Article 27 guarantees the freedom of association. Article 28 ensures the right to petition the public authorities. Article 29 determines that the confidentiality of letters is inviolable.
Article 30 stipulates that the use of the languages spoken in Belgium is free. It further stipulates that the use of a specific language can only be imposed by law and only for the proceedings and acts of the public authorities and for legal proceedings. Article 31 of the Constitution determines that no prior authorisation is required to prosecute civil servants for acts of their administration. Article 32 stipulates that everyone has the right to consult any administrative document and to obtain a copy thereof, except as provided by law or decree.
Since 2003, the Belgian Court of Arbitration, which is known now as the Constitutional Court, can examine whether laws, decrees or ordinances are in compliance with Title II and with Articles 170, 172 and 191 (on the equality of Belgians and foreigners and