Constitution of Belgium - The Powers

The Powers

All powers emanate from the Nation.
They are exercised in the manner established by the Constitution.

Title III of the Belgian Constitution is titled The Powers. It consists of Articles 33 to 166 and is subdivided into eight chapters, four of which are further subdivided into several sections. It is by far the largest title of the Constitution. In this title, the Belgian system of government is outlined, in accordance with the principle of the separation of powers.

Article 34 of the Constitution expressly stipulates that the exercise of certain powers or responsibilities can be attributed to international public institutions by treaty or by law. This refers, among others, to Belgium's membership in the European Union.

Article 36 grants the federal legislative power to the King, the Chamber of Representatives and the Senate. Although it states that the federal legislative power must be exercised jointly by its three components, in practice only the Federal Parliament, which consists of the Chamber of Representatives and the Senate, exercises the federal legislative power. However, laws still require the King's signature.

Article 37 vests the federal executive power in the King, but in practice it is exercised by the Federal Government.

Article 38 and 39 define the competencies and responsibilities of the Communities and the Regions. Article 38 provides that each Community has the competencies that are granted to it by the Constitution or by the laws adopted pursuant to the Constitution. Article 39 provides that a law adopted with a qualified majority can assign competencies to the regional organs which it establishes.

Article 40 vests the judicial power in the courts and tribunals and provides that their rulings and decisions are carried out in the King's name.