A Primacy of Privileges? Urban Constitutionalism, the Rule of Law and Late Medieval Bruges.

This article explores the possibilities and limits of urban constitutionalism and its relation to the rule of law for fifteenth century Bruges. Late medieval Bruges was a city of great prominence where several important trade flows came together. Providing adequate justice was a top priority for the aldermen. Scholars have traditionally stressed the importance of privileges in providing this security. Privileges granted a theoretical protection but also entailed other deviations from the general rule. The grant of privileges lay the foundation of an unequal treatment of merchants. This article argues that, though these privileges were essential in protecting merchants, the aldermen of Bruges did not grant far-reaching procedural advantages to merchant communities. In doing so, the aldermen of Bruges ensured that certain basic notions, such as access to the aldermen of Bruges, equal opportunities before this court and the prevalence of Flemish law over foreign law, were present. In the city's belief that proper justice equalled the common good, some embryonic notions of the rule of law become apparent. However, we should not overextend this argument. The city depended on these merchant communities. Therefore, the city was more susceptible to the leverage of the merchant communities, than, for example, the state. Bruges refused demands for procedural advantages for the most part of the fifteenth century, but once the presence of these communities became indispensable, the city had to give in and alter its legal framework. [ABSTRACT FROM AUTHOR]