Origins and Sources of Constitutionalism and Human Rights in Russia

The article examines the challenges of establishing constitutionalism and human rights in Russia. It holds particular significance in the context of shaping the doctrine of national constitutional identity. The author explores the origins, sources and features of domestic constitutionalism as a socio-cultural and political-legal phenomenon, as well as a system of relations based on formal equality and subordinate сharacter of authority’s actions. Following the abolition of serfdom, Alexander II’s judicial reform enshrined the principle of equality for all Russian subjects before the law and the courts. Simultaneously, the emperor’s power relinquished its prerogatives in the sphere of justice. Russia’s subsequent progress toward strengthening constitutional order and advancing human rights was marked by the enactment of the October 17, 1905, Manifesto and amendments to the Basic State Laws in 1906. The article characterizes Russian constitutionalism as an intra-system reformist movement that facilitated the gradual transition of Russian society to a higher level of legal culture.

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Publication Details

Journal
Courier of Kutafin Moscow State Law University (MSAL)
Published
2025-05-27
DOI
https://doi.org/10.17803/2311-5998.2025.127.3s.062-071
Primary Topic
Judicial and Constitutional Studies
Type
article
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article

Origins and Sources of Constitutionalism and Human Rights in Russia

М В Немытина
Courier of Kutafin Moscow State Law University (MSAL)
Judicial and Constitutional Studies
article

Origins and Sources of Constitutionalism and Human Rights in Russia

М В Немытина
article en

Abstract

The article examines the challenges of establishing constitutionalism and human rights in Russia. It holds particular significance in the context of shaping the doctrine of national constitutional identity. The author explores the origins, sources and features of domestic constitutionalism as a socio-cultural and political-legal phenomenon, as well as a system of relations based on formal equality and subordinate сharacter of authority’s actions. Following the abolition of serfdom, Alexander II’s judicial reform enshrined the principle of equality for all Russian subjects before the law and the courts. Simultaneously, the emperor’s power relinquished its prerogatives in the sphere of justice. Russia’s subsequent progress toward strengthening constitutional order and advancing human rights was marked by the enactment of the October 17, 1905, Manifesto and amendments to the Basic State Laws in 1906. The article characterizes Russian constitutionalism as an intra-system reformist movement that facilitated the gradual transition of Russian society to a higher level of legal culture.

Courier of Kutafin Moscow State Law University (MSAL)Vol. 1(3s)
Peoples' Friendship University of Russia (RU)
Openalex Percentile: Top 81%
Judicial and Constitutional Studies
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Origins and Sources of Constitutionalism and Human Rights in Russia — М В Немытина · Courier of Kutafin Moscow State Law University (MSAL) (2025) | TGRS Research Map | TGRS