Constitutionalism as Societal Thought and Practice on the Balkans

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Abstract:

I dwell upon the appearance and the usage of the concepts of “constitutionalism”, “constitution”, “constitutional era”, “constitutional civilization” in the different epochs. Each concept is defined separately and is dealt with in the same semantic context as the others. I argue and support, in a strictly scholarly context, the differences in the understanding of the term “constitutionalism” in legal and historical scholarship based on its definition as a category. I reveal that the usage of constitutionalism in the realm of History demands the categorical existance of a constitution and I stipulate that constitutionalism has the characheristics of each nation and epoch. The nature of constitutionalism includes the introduction of laws and lawful government according to the concept of libertarian-juridical theory of Vladik Sumbatovich Nersesyants (1938–2005), according to which the basis of every law consists of the natural human rights, developed into obligatory rules and norms in a society. I dwell on the two basic ways of establishing constitutionalism. The first one is slow, consistent and gradual – in England, Sweden, and - in a certain period – Poland, which does not need a constitution. The second one is explosion-like and revolutionary and after the adoption of a constitution, of even a series of constitutions – the French model after the Great French Revolution.

Keywords:

constitutionalism, of constitutionality, constitution, constitutional era, constitutional civilization, Republic of the 7 Ionian Islands (1800–1807), Septinsular Republic (1800–1807), Serbian state 1804–1813

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