The origins of the Luxembourg Council of State under the influence of bicameralism

ABSTRACT The Council of State is the consultative constitutional body par excellence in the institutional architecture of the Grand Duchy of Luxembourg. It is a major actor in legislative procedure, along with parliament and the government. This procedure is characterised by a shuttle between the Council of State and the Chamber of Deputies and the existence of a three month suspending veto granted to the Council of State. The Council of State can be compared to a reflection chamber and its opinions can therefore have a considerable influence on the preparation and, sometimes, the content of legal standards in Luxembourg. The question regularly arises as to whether the political system of the Grand Duchy of Luxembourg does not actually turn out to be bicameral and whether the Council of State is in fact an upper chamber. In order to answer this question, it is necessary to delve into the history of the Council of State, whose roots go back well before its creation in 1856.