Contemporary debates on the genesis of the Russian constitutionalism

Abstract

The problem of the origin of the Russian constitutionalism, the starting point, the stages of development and its characteristics always was of great importance for the representatives of the modern domestic legal science. There are two basic positions concerning the origin of Russian constitutionalism. Representatives of the first one believe that the idea of constitutionalism in Russia has its own long-time traditions dating back to centuries. The second position of the Russian constitutionalism genesis proves its borrowed nature (so-called theory of full reception). To our opinion, both approaches should be evaluated as one-sided, following in one case from absolutism of the unique and in another case of the universal characteristics of constitutionalism. The author, providing critical analysis of both theories, on the basis of axiological interpretation of constitutionalism and the epistemology of the concept of «constitutional question» defines a starting point of the Russian constitutionalism.