Anton Lebedev

In Quest of Origins of Science of Constitutional Law in Russia

2011. No. 3. P. 26–41 [issue contents]

The article attempts to analyze the conditions under which constitutional law area became a discipline of constitutional (state) law in the cultural life of the Russian Empire. The sources referred to are devoted to the history of law (including dissertations) of the Soviet and especially the post-soviet period. Theoretical works of the pre-revolutionary constitutional law scholars have been outlined. The author seeks to reveal to what extent the constitutional law discipline has been studied and arranged the periods of its origin, formation and initial development. The author concludes that necessary conditions for establishing constitutional law as a separate scientific discipline has an indirect dependence form the limits of constitutional limits of public law in a country which is also true for the presence of a written constitution is not a prerequisite for an impartial, unbiased analysis of constitutionalism. Until 1905, Russia did not know constitutional development, however Russian scholars had started contributing to the constitutional law doctrine since the 1850s. That period became the time of the formation of the science of constitutional law in Russia. The country acquired the prerequisite social conditions then. Among the prerequisites, the author mentions: the accumulation of the necessary number of qualified lawyers, the autonomy of academic (university) community from the public power institutions, which provided an opportunity for free debates, development of the mechanisms of academic community, availability of scientific information from abroad, freedom to go abroad and, finally, to make academic research as a private person. However, as the author concludes, Russian constitutional scholars developed the constitutional doctrine borrowing and adapting political and legal experience of Western Europe. A similar situation was kept in the USSR. However, the academic community got restrained with the Marxism-Leninism ideology, which, was not beneficial for the science.

Citation: Lebedev A. O. (2011) V poiskakh nachala rossiiskoi nauki konstitutcionnogo prava [In Quest of Origins of Science of Constitutional Law in Russia ] Pravo. Zhurnal Vysshei shkoly ekonomiki, 3, pp. 26-41 (in Russian)
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