criminal cases and in all cases
involving political or press offenses. As in England and the United
States, it is the function of the jury to determine whether or not the
accused is guilty and that of the court to explain the law and to
pronounce sentence. A jury consists regularly of twelve members.[770]
[Footnote 770: Arts. 92-107. Dodd, Modern
Constitutions, I., 140-142. Roubion, La separation
des pouvoirs administratif et judiciaire en
Belgique (Paris, 1905).]
*605. Local Government: Province and Arrondissement.*--Upon the subject
of local government the constitution of Belgium is less explicit than
is that of Holland. Aside from specifying that provincial and communal
institutions shall be regulated by law, it contents itself with an
enumeration of certain principles--among them direct elections,
publicity of sittings of provincial and communal councils, publicity
of budgets and accounts--whose application is regularly to be
maintained.[771] Of local governmental units there are three:[772] the
province, the arrondissement, and the commune. The provinces are nine
in number.[773] In each is a council, elected by all resident citizens
who are entitled to participate in the direct election of senators.
The term is eight years, half of the membership being renewed every
four years. The council meets at least once a year, on the first
Tuesday in July. Its sessions must not exceed four weeks in length nor
be briefer than fifteen days. Special sessions may be called by the
king. The council considers and takes action upon substantially all
legislative, administrative, and fiscal affairs which concern the
province alone. It elects from its own members a permanent deputation
of six men which is charged with the government of the province while
the council is not in session. This deputation is presided over by the
governor-general of the province who is appointed by the crown and
who serves as the principal intermediary between the provincial (p. 551)
and the central governments.
[Footnote 771: Arts. 108-109. Dodd, Modern
Constitutions, I., 142-143.]
[Footnote 772: Not including the canton, which
exists purely for judicial purposes. It is the
jurisdiction of the justice of the peace.]
[Footnote 773: Antwerp, Brabant, East Fla
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