The Logics Of Constitutionalism In Russian Social Transformations

This thesis is primarily the study on the internal logics of development of Russia's Constitutionalism since the modern times, is in an attempt to reveal, besides the peculiarity of the development trail of Russian constitutionalism, that the constitutional values were necessarily the outcome of human's norms of values at a specific point of time in history, and a combination of necessity of historical development and logics.Chapter One Concepts of Constitutionalism and Relevant Theories In this chapter, various concepts on constitutionalism, the historic development of constitutionalism theories as well as the fundamental constitutionalism values are given an overall elaboration; all these serve as the theoretic bases and reference systems for comparison in reviewing Russian constitutionalism development.Chapter Two Social Transformation and Constitutionalism prior to the 20th CenturyThis chapter depicts and analyzes various issues like orientation of state, social structure, historic events after the 18th Enlightenment in Russia, as well as the mutual impacts with constitutionalism theories, aiming at discovering its internal logics. Russian agricultural community, as the atomic element of social structure lasting for more than 1000 years, offered a prototype for establishing varying doctrines and system designing for thinkers, statesmen and legal scholars later. Since the Enlightenment, the various efforts made by legal writers in exploring the role of state, freedom and rights of individuals, the path for social development, had led to abundant source of wisdom and theories; during gambling for reinforcing of despotism by Tsars government, embryo of constitutionalism came into being.Chapter Three Russian Revolution ---- the Initial Stage of Establishment of Russian ConstitutionalismThis chapter examines how the Soviet was established and how the Soviet Constitution came into being, and describes the features of the selected mode of constitutionalism in the initial stage, and analyzes the values and historic significance of Soviet Constitution, and the logics in development of this mode of constitutionalism.Chapter Four Paradox --- the Political Regime and Constitutionalism This Chapter gives the explanations of why Russia ran counter into the process of Constitutionalism in formation of Soviet Union's political regime and its reflections. A focus is placed on legitimacy of 1936 Soviet Union Constitution.Chapter Five Reforms in Gorbachev Age and Choice of Paths of ConstitutionalismThis Chapter clarifies that the process of reforms in Gorbachev Age was virtually the exploration of constitutionalism approaches during new social transformation. The Dissolution of Soviet Union symbolized the end of political regime within the framework of Soviet Constitution. The reasons and logics are offered respectively. Chapter Six Establishment and Development of Russian FederationThis Chapter discusses about logics of constitutionalism development during the combat on constitution in establishing Russian Federation, and conducts an analysis on framework of the Russian-mode Constitutionalism designed by Russian Federation Constitution and its features. ConclusionThe human being, consistently make rules for collective life, which is a feature not supposed to be ignored. After passing through difficulties in each historic stage human experienced as a nation, they would make new set of rules needed via constitution to overcome the difficulties and carry on the development of human being; after suffering each misery, the human would establish needed new political and social fundamental regimes via constitution, to eliminate miseries, leading to a new historic era.Constitution, as the reflection of the highest rationale of the human being, is the reasonable integration of all values of good, and has perfect logic structure of its emergence, sustaining and development. The values of Constitution are the necessary outcome of human's norms of values at a specific point of time in history, and a combination of necessity of historical development and logics. The unique process of social transformation in Russia is sufficiently supportive of this view. This thesis, as summarized, through reviewing the logic necessity of constitutionalism development in Russia during social transformation, reveals that the path taken for transitory states'political regime is to select a constitutionalism mode with features of their own.