Uncertainty, cleavages and stability : Do the Belgian Constitutions of 1831 and 1993 tell the same story?

Two different texts lay the foundation of the Constitutional history of Belgium: the Constitution of 1831 and that of 1993. Each arose during a period of historical change. In 1831, in the shadow of decolonization from the Netherlands, the Constitution created a unitary State. In 1993, in a context of the Europeanization of politics, the Constitution declared a federal State. Over the years, Belgian polity has undergone dramatic changes. What is puzzling about Belgium is that the constitution-making process has consistently remained in a state of uncertainty. In spite of path dependency and lesson-drawing, constitutional lawmakers, it seems, have not been able to avoid drafting decisions under a veil of ignorance.The first section of the paper focuses on the historical overview surrounding the Constitution in 1831. It explains the emergence of cleavages and consociationalism. In the second section, we investigate the content of both the Constitution of 1831 and that of 1993. This approach aims to understand how different texts share similar characteristics when drafted and adopted under uncertainty. In the third section of the paper, we discuss our results for both Constitutions. Three main sets of explanatory factors deriving from this Belgian case study will be highlighted in order to theorize the veil of ignorance.