Justice and equality for all? Proportional representation in Belgium and France (1883-1921)

Abstract

Whereas 19th century Belgium is traditionally framed as heavily dependent on France, this image ought to be nuanced for its political system. During what Pierre Rosanvallon named the transnational ‘proportional moment’ (1899-1914), the introduction of Proportional Representation in parliamentary elections generated a French interest in Belgium as the ‘electoral laboratory of Europe’. Arguments raised in the French Chambre des Deputes were similar to those used in Belgian Parliament. The present article addresses the structural differences between the electoral debate in both states. Whereas Belgian constitutional doctrine adapted smoothly to the introduction of proportionality (Oscar Orban/Paul Errera) and held a moderate position bordering on that of Hans Kelsen, French doctrine was divided between the Parisian Adhemar Esmein, who defended the majority system as the bedrock of republicanism, and provincial professors of constitutional law, who had corporatist ideas, or were in favour of judicial review (Joseph-Barthelemy, Leon Duguit). Raymond Carre de Malberg’s condemnation of proportional representation as impossible, or as the stepping-stone to direct democracy, ought to be situated within this context.