It shows how the Belgian opposition’s constitutional resistance to government policy created a debate over the interpretation of the Fundamental Law, which in turn provided the conceptual building blocks for the understanding of constitu-tional precedence in the 1831 Constitution. The chapter begins with a discussion of the genesis of the Belgian Constitution in relation to the Fundamental Law of the United Kingdom of the Netherlands. It does so by combining a historical-genealogical approach with a legal one. This chapter aims to elucidate the way in which this idea was embedded in the Belgian Constitution of 1831.
Constitutional precedence constitutes a defining element of modern constitutionalism.
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