III. Legal opinion
A. On the amendment procedure established by Article 195
Rigidity of the amendment procedure
This constitutional revision procedure is rigid in particular as it requires consent in two consecutive legislative periods. This feature is specifically Belgian to the extent that the other elements of Article 195 are owed to its ancestor, the Constitution of the Netherlands of 24 August 1815. Only this element had been added in the Belgian Constitution of 1831.3 Therefore, in view of the fact that the initiation of the constitutional amendment procedure by the declaration of the pre-constituante brings about dissolution of parliament and in consequence a new parliamentary election, it may be said that it strengthens the democratic legitimacy of the constitutional revision. However, it may in many situations turn out to be a severe impediment to sometimes urgent reforms and/or necessary fundamental reforms of the state.4 |