Historical developments of the modern concept of the Constitution

Document Type : Original Article

Author

bu ali sina university

10.29252/jlr.2021.223059.1964

Abstract

The Constitution, as one of the important concepts of legal knowledge, has two major historical periods. From ancient Greece and Rome to the late eighteen century can be called the traditional concept of the constitution and From the French and American revolutions onward, the modern era is constitutional. Since the concepts are not static and are changing, the modern meaning of the constitution has undergone many changes to date. This article seeks to answer the question of what steps the constitution has taken in modern era. Using descriptive-analytical method, this research tries to examine these important developments from the perspective of political and historical developments. The purpose of this article is to show the importance of historical and political developments in understanding the constitution and its conceptual developments. In this article, constitutional changes in the modern era are divided into six periods of the French-American Revolution, from the victory of these two revolutions to 1848, from 1848 to 1871, from 1871 to World War I, the interval between World Wars II and developments after World War II and An attempt has been made to show how these developments have changed the meaning of the constitution.

Keywords

Main Subjects


  • A)Book

     

    • Glenn. The politics of the ancient constitution.An Introduction to English Political Thought, 1603–1642.THE MACMILLAN PRESS LTD.1992
    • Tom ed.Comparative Constitutional Design.New York, Cambridge University Press.2012
    • Górnisiewicz.Arkadiusz and Bogdan Szlachta.The Concept of Constitution in the History of Political Thought.De Gruyter Open Poland publishing.2019
    • john.elder.marquens.Understanding constitutions :a roadmap for community.Institute on government.Ottawa.Canada.2000
    • dieter. Constitutionalism (past, present, future)oxford university press.2016
    • Lawson.Gary.Guy Seidman.The Constitution of Empire.Yale University Press.2004
    • Martin Dobner.Petra.The Twilight of Constitutionalism?(2010).oxford university press.2010
    • Charles.Constitutionalism: Ancient and Modern.published by Liberty Fund, Inc.1975
    • Müßig, Ulrike (Ed.) Reconsidering Constitutional Formation I National Sovereignty.A Comparative Analysis of the Juridification by Constitutio.Springer publishing.2016
    • chris. A sociology of constitution Constitutions and State Legitimacy in Historical-Sociological Perspective.Cambridge.Cambridge university press.2011

     

    B)Articls

     

    • Igor.“Constitutional Design:Image of Star and Age”.Moscow:State and Law the Russian Presidential Academy of Next Economy and Public Administration.PermUniversity Herald.Juridical Sciences.2018.Issue41.2018
    • charls.”The origin and development of written constitution”.political since quarterly.vol 7.no 4.1892.pp.613-632
    • Horst.”Modern Constitutionalism.An Introduction to a History in the Need of Writing”.Available:http://www.unikassel.de/fb5/geschichte/dippel/justitia/proc/10%20Dippel,%20Modern.pdf.2002
    • Stefan.”Precommitment and the paradox of democracy.” in john elster :constitutionalism and democracy.Cambridge:Cambridge university press.1998.pp195-240
    • ulrikh.“Constitutionalism in Fragmented Societies:the Integrative Function of Liberal Constitutionalism and Its Challenge.Ankara,” Workshop Constitutional Platform TEPAV.2008