The quest for the Decisive Constitutional Moment (DCM)

The Constitution, as fundamental, formal law, needs some form of representation in order to gain validity. This chapter demonstrates that, apart from using symbols such as tables of the law, artists alternatively chose for an artistic device, for which the name DCM (Decisive Constitutional Moment) is put forward. This device entails the selection and depiction of a specific, pivotal moment from constitutional history. The definition of this device consists of three parts, drawing on existing theory about the decisive moment by photographer Henri Cartier-Bresson, the constitutional moment of legal scholar Bruce Ackerman, and the depiction and narration of a history and a moment in visual art, with particular attention for the relationship between the depicted moment and the moment of depiction. The chapter’s focus is on works of art from the long nineteenth century, the age of revolution, Constitution and a new idiom in art history in which artist took scenes from contemporary life as subject matter, thus combining a journalistic eyewitness account with an academic style. Looking into the main artistic media of this era and their use in DCMs allows for a better understanding of the legitimizing function of the art works under scrutiny. The chapter further develops with an elaborate study of the design entries for the 1849 competition for a constitutional monument in Brussels, Belgium, which demonstrates the variety of possible decisive constitutional moments and the challenges which artists faced when including them in their designs