Concerns about democratic decline and deficit have recently led to repeated calls for institutional changes that could enhance civil participation and direct voter participation in public decision... Show moreConcerns about democratic decline and deficit have recently led to repeated calls for institutional changes that could enhance civil participation and direct voter participation in public decision-making (forms of direct democracy). An evergreen among the instruments proposed is the referendum, and in particular the constitutionally embedded referendum. This would grant a constitutional right to trigger a referendum and is something that is currently under consideration in the Netherlands. It is often assumed that constitutionally embedded referendums can correct systemic flaws in a representative democratic system, thus enhancing the overall democratic score of a country. This contribution considers these premises. By means of an empirical study, it examines whether the democracy index score of a country is related to constitutionally ratified rights to direct legislative influence of citizens, such as referendums and legislative initiatives by citizens. The initial results indicate that codifying referendum procedures as a constitutional right does indeed positively relate to the democratic scores of countries worldwide. This effect, however, does not hold true for the sample of EU countries studied. Show less
This study is dedicated to the Belgian constitutional organization regarding the question of the separation of church and state. The principle of separation, also known as secularism, is one... Show moreThis study is dedicated to the Belgian constitutional organization regarding the question of the separation of church and state. The principle of separation, also known as secularism, is one that was predominantly developed in France, but has also had an influence on other countries in Europe (and outside of Europe, in the United States of America). Secularism is on the one hand seen as a leading idea of modern state theory, on the other hand it is also open to a great deal of criticism. Proponents aim to further shape this aspiration in the domain of education, and in the organization of state institutions, others seek to moderate the principle, or even curtail it. Belgium itself has always given a wide berth to radical secularism, and this owing to the system of the officially recognized religions that relied on state support.The key question behind this study is how these developments should be appreciated. What was the actual intention of the framers of the constitution? How did it all come to be? Is this system still something to be maintained, or do the drawbacks outweigh the benefits in modern times? Should secularism be bolstered or weakened? What are the challenges? Unlike a political and philosophical discourse that normatively defends secularism against competing models, this study chiefly aims to help, through historical exploration, recall the reasons for the development of Belgian constitutional philosophical thinking. The author feels that this historic quest, this history of ideas, is essential in tracking down the factors at play, to capture the impact thereof on the definitive form of the Belgian Constitution, and to assess the strength and sustainability of the commitments made. This exploration is also a prerequisite for suggesting possible alternatives. The conclusion of this study will be dedicated to these alternatives, whereby the author makes the case for finding such an alternative in the guise of an assertive secularism. Show less
In 1797 and 1798 the first steps were taken in the Netherlands towards the development of a democratic system. In 1796-1797 a written Constitution was drafted for the Batavian Republic, as the... Show moreIn 1797 and 1798 the first steps were taken in the Netherlands towards the development of a democratic system. In 1796-1797 a written Constitution was drafted for the Batavian Republic, as the Netherlands was called at the time. This Constitution was in 1797 submitted in a national referendum for a vote of the people, but it was rejected. A new draft was written and again submitted the following year. This time the Constitution was adopted. Very little is known about these referenda. Extensive archival research has been necessary in order to understand how these steps in democracy were taken. It has been possible to produce a dataset of results for 948 cities, villages and rural districts. Based on the voting results, the public support for a democratic constitution has been analyzed after a description of the voting system. The voting results are examined along two cleavages structures. First, major distinctions existed between cities and rural districts and secondly between Catholics and Protestants. As a partial explanation the religious preferences are important to understand the turnout by the two referenda. Above all, the results of the two referenda show a deeply divided society of religious minorities. Show less
