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Article Dans Une Revue Forum Historiae Iuris Année : 2022

Legal arguments in the debate on recognition of Italian independence in Belgian parliament (November 1861)

Résumé

The debate on the recognition of King Victor Emmanuel II of Piemonte-Sardinia as King of Italy in the Belgian Chamber of Representatives in the Fall of 1861 illustrates the challenges generated by constitutional change in the long nineteenth century. Recognition can be seen as a purely political decision, decided by the executive branch under supervision of the legislature. However, the terms of the debate between the ruling Liberal party and the Catholic opposition make clear that both the law of nations and constitutional history were used as arguments. Belgian constitutional history, and especially the revolution of 1830, had provided legitimating concepts sustained by both political parties. The recognition of Piemontese annexations was decried as a violation of Belgium’s permanent neutrality, and a potential precedent undermining the position of ‘secondary nationalities’. It is doubtful whether legal motives, rather than economic interests, played a decisive role in the outcome of the debate. However, the main actors’ legal training and historical curiosity urged the governmental Liberals to explain their position in a common legal vocabulary

Domaines

Histoire Droit
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Dates et versions

hal-03894309 , version 1 (12-12-2022)

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Citer

Frederik Dhondt. Legal arguments in the debate on recognition of Italian independence in Belgian parliament (November 1861). Forum Historiae Iuris, 2022, Special Section "Entangled National and International Legal Orders in the Long Nineteenth Century" (eds. Raphaël Cahen, Elisabetta Fiocchi Malaspina & Frederik Dhondt), ⟨10.26032/FHI-2022-014⟩. ⟨hal-03894309⟩
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