the
constitutional process in russia has its origins in the beginning of
the nineteenth century. by this time, the democratic constitution of
1787 was already in effect in the united states and britain had
built up its own experience of constitutional regulation of the
state through a body of statutes that acted as a constitution though
were not united as a single document.
with
the ascent of tsar alexander i to the russian throne, the idea of
reforming russia抯 political system through creating a constitution
that would guarantee citizens their personal freedom and civil
liberties became increasingly popular. the first results of this
process were seen in the kingdom of poland, to which alexander i
granted a constitution that provided for the creation of a
two-chamber parliament, a system of local government and freedom of
the press. at the same time, work continued on a draft constitution
for russia itself, which culminated in the 1820 揊ounding state
document of the russian empire.?adoption of this document was
postponed indefinitely, however, and poland too ended up losing its
constitutional privileges in 1830.
russia came close to adopting a constitution during the reign of
reformist tsar alexander ii. the abolition of serfdom in 1861 and
steps to establish a local government system in the towns and the
countryside gave rise to hopes in society that the country would get
a constitution. in 1881, however, just before he was due to sign a
manifesto opening the way to broad economic and administrative
reform, alexander ii was killed by a terrorist. this barbaric act of
violence interrupted the constitutional process in russia.
constitutional reform in russia began in earnest with the manifestos
issued by tsar nicholas ii. the 揗anifesto on improving the state
order?of october 17, 1905, proclaimed 搕he foundations of civil
liberties based on genuine personal inviolability, freedom of
conscience, speech, meeting and association? this manifesto also
declared the unshakable principle that no law could take effect
without the approval of the state duma and that the elected
representatives of the people would have the effective possibility
of taking part in supervision of the conformity with the law of the
authorities?actions.
the
揊undamental state laws?of april 23, 1906, developed the
manifesto抯 provisions but at the same time also ensured the tsar
kept firm control over all these processes. the fundamental laws
established a two-chamber parliament (the state duma and the state
council), but the tsar also retained far-reaching powers and no law
could come into effect without his approval. the council of
ministers was transformed into a permanently functioning body
appointed by the tsar and accountable to him alone. the tsar
retained complete control over setting government policy, especially
in the areas of foreign policy and military affairs. voting rights
were introduced for electing the state duma. this gave broad
sections of the population the right to take part in elections,
though in unequal conditions. the state duma was to be elected for a
five-year term and had the right to pass all laws, though laws could
also be passed by the tsar, with the approval of both houses of
parliament.
although the reformist plans that arose from time to time in tsarist
russia paved the way for considerable transformation, their
implementation was constantly postponed due to numerous internal and
external circumstances, above all the lack of consensus in society
about their necessity and expediency.
