Russian Constitution of 1906
Fundamental Laws of the Russian Empire Основные Государственные Законы Россійской Имперіи (Osnovnyye Gosudarstvennyye Zakony Rossiyskoy Imperii) | |
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Nicholas II of Russia | |
Purpose | Constitution for the Russian Empire |
The Russian Constitution of 1906 refers to a major revision of the 1832 Fundamental Laws of the
The new constitution provided for a bicameral
This charter had been granted under duress, and Nicholas abhorred its restrictions upon his power, which he had sworn at his
Russian government prior to 1906
Prior to the enactment of the 1906 Russian constitution, the Russian Empire had been an absolute monarchy, ruled by an autocratic emperor, who was commonly referred to by his pre-imperial title of "Tsar". The precise regulations by which the Tsar exercised his imperial prerogatives were first codified in 1832, with the issuance of the Set of Laws of the Russian Empire (Свод законов Российскои империи), penned by
Although a
Various proposals for reform emerged during the eighteenth and nineteenth centuries:
- Legislative;
- Civil and Ecclesiastical Administration;
- State Economy; and
- Industry, Science and Commerce.
Each department had its own presiding officer (called a State Secretary) and met separately to discuss matters assigned to it. There were also plenary sessions of the whole Council, called to peruse laws proposed by the Tsar's ministers, who were ex-officio members. While most sessions concerned the budget and state expenditures, the Council would examine anything submitted to it. It had no authority to propose changes to existing laws, nor to investigate anything not initiated by the Tsar. Decision-making authority rested with the emperor, who appointed and dismissed members of the Council.
Alexander's nephew Alexander II entertained reformist ideas, culminating in a project initiated by Count Mikhail Loris-Melikov, who had been appointed his Minister of Interior in August 1880. One of these proposals would have established two Imperial commissions, to be populated by indirectly elected members, who would advise the Emperor on further reforms. Alexander's assassination, on the very day he intended to sign this proposal into law, effectively killed all mention of legislative reform in Russia—as the murdered Tsar's son, Alexander III, insisted upon preserving the autocracy intact. Nicholas II, who succeeded his father in 1894, was also committed to maintain absolute monarchy, even in the face of ever-increasing calls for reform, peasant unrest, and the rise of revolutionary organizations within his empire. When reforms became inevitable, Nicholas would insist upon retaining as much of his previous authority as possible. For instance, faced with demands from municipal and provincial dumas for the establishment of a national legislative assembly, Nicholas offered only a broadening of the local councils' authority, insurance for factory workers, and the abolition of censorship. This was not considered nearly enough for the liberals, who agitated even more for a constitution and far-reaching political reforms.
Adoption of the constitution
Russian defeat in the Russo-Japanese War of 1905 combined with a rising tide of revolutionary feeling in Russia to produce the Russian Revolution of 1905. This upheaval was initially provoked by Bloody Sunday, in which thousands of unarmed protesters (largely urban workers and intellectuals) seeking to present a petition to the Tsar were met by imperial troops, who opened fire on them and killed several.[3] As word of this tragedy spread across the empire, it combined with the catastrophic Russian defeat in the Far East to incite a major uprising against the emperor's authority. Although the Tsarist army largely remained loyal to the emperor, close advisors to the Tsar became convinced that some kind of fundamental change in State administration was inevitable, if the monarchy was to survive.
Count
Accordingly, three proposed drafts were prepared for a revision of Speransky's Fundamental Laws. The Tsar chose to accept the draft authored by Peter Kharitonov, Deputy State Secretary of the State Chancellory, as the basis for the new constitution. Other constitutions from Austria-Hungary, Japan and Prussia were also studied, as was a draft constitution authored by the Union of Liberation, and published abroad.[5] The State Chancellory prepared a draft, which was discussed during five sessions of the Council of Ministers, where alterations were made to further strengthen the emperor's prerogatives at the expense of the new parliament. Following this, the draft was further discussed and amended under the Tsar's chairmanship; Nicholas chose to officially publish this new constitution on 6 May [O.S. 23 April] 1906. With this act, Russia was officially transformed from an absolute monarchy into a constitutional one, though the exact extent of just how constitutional quickly became the subject of debate, based upon the emperor's subsequent actions.
Provisions
The Russian Constitution of 1906 contained an introduction and eleven chapters:[6] comprising a total of 124 articles:
- The Introduction (Articles 1–3) declared that Russia was "one and indivisible",[7] and mandated the use of Russian in the armed forces and other public institutions.[8] It also acknowledged the Grand Principality of Finland as an "inseparable part of the Russian state", while ambiguously acknowledging its special legislative and political status.[9]
- Chapter One (Articles 4–24) concerned "the essence of the supreme autocratic power", declaring that the emperor possessed "supreme sovereign power", and that obedience to his commands was mandated by
- Chapter Two (Articles 25–39) regulated the order of succession to the throne. The thrones of Romanov and a person "not of corresponding dignity" (defined as "not belonging to any royal or sovereign house") were ineligible for the throne,[23] as was any person who inherited the throne while ruling over another nation whose state religion was not Orthodox, if unwilling to renounce that other throne and faith.[24]
- Chapter Three (Articles 40–82) concerned issues of guardianship, if the emperor was a minor. The age of majority was established at sixteen,[25] and instructions were given concerning the appointment of a regent and a mandatory[26]regency council, together with the prerogatives exercised by the same.
- Chapter Four (Articles 53–56) concerned accession to the throne and the Oath of Allegiance to be sworn by all male citizens of the empire, aged twenty and above,[27] each "according to his faith and law".[28]
- Chapter Five (Articles 57–58) concerned the .
- Chapter Six (Articles 59–61) concerned the many formal titles held by the Russian sovereign, together with the precise makeup of the Russian state coat of arms and seal.
- Chapter Seven (Articles 62–68) concerned the relationship of the Russian state to the various religions professed by its subjects. The Orthodox faith was declared the state religion,[30] and both the emperor and his or her consort were required to profess that religion.[31] The Tsar was named as the "supreme defender and guardian" of the Russian Orthodox Church,[32] while those of other confessions were promised full religious liberty,[33] which was also extended to "Jews, Muslims and heathens."[34]
- Chapter Eight (Articles 69–83) concerned the "rights and obligations" of Russian citizens. Citizens were guaranteed protection from arbitrary arrest and detention,[35] the inviolability of their domiciles,[36] protection from illegal search and seizure,[36] the right to travel (subject to restriction),[37] and the right to own private property.[38] Other rights promised in the document included freedom of assembly,[39] freedom of expression,[40] to organize unions and similar organizations,[41] and freedom of religion.[42] Military service was mandatory for all male subjects called to it, regardless of social rank,[43] and payment of taxes and performance of "other duties in accordance with lawful decrees" was required.[44]
- Chapter Nine (Articles 84–97) concerned the promulgation of laws. Article 86 required the approval of the emperor, Duma and State Council for all laws, while Article 87 permitted the Tsar and his cabinet to issue decrees during times when the Duma was not in session. However, these lost their validity if not introduced to the new Duma within two months of its convocation, or if the new Duma or Council refused to confirm them. This article furthermore prohibited the emperor from using this authority to change the Constitution itself, or to change the laws for election to the Duma or Council. Nicholas' violation of this provision during the so-called Coup of June 1907 would irreparably damage his reputation among Russian liberals, and led many to conclude that the entire Russian Constitution was ultimately a sham.[45] This contributed to more revolutionary agitation, and to the Tsar's eventual overthrow in February 1917. The Russian system did not offer any right of impeachment to the legislative branch of government.
- Chapter Ten (Articles 98–119) regulated the modus operandi of the State Council and Duma. Both were required to meet at least once per year, though the duration of their sessions and the length of their recess were the emperor's prerogative.[46] The Tsar was granted the right to appoint up to one-half of the membership of the State Council,[47] while members of the Duma were to be elected for a five-year term according to the state election statutes.[48] Both houses possessed equal rights in legislative matters,[49] while either or both of them could be dissolved at any time by the emperor, though new elections for the Duma must be announced at the same time as its dissolution.[50] Both houses possessed the right of legislative initiative, save in respect to the constitution itself; amendments to the constitution could only be proposed by the monarch.[51] The Imperial Court Ministry was not subject to the Duma's control.[52] Securing of governmental loans was also beyond the legislature's purview,[53] nor was it permitted to refuse or reduce funds to repay such obligations.[54] The Duma was equally prohibited from using its budgetary power to deny manpower requests from the Army or Navy; should the legislature not approve such a petition, the military was allowed to call a new number of draftees equal to the previous year's number.[55]
- Chapter Eleven (Articles 120–124) concerned the Council of Ministers. It established the office of Chairman of the Council of Ministers,[56] and made all members of this council responsible to the emperor for their actions.[57] "Regulations, instructions or orders" issued by this council, or any member thereof, could not contradict existing law.[58] Ministers could be interrogated by either the State Council or Duma for their actions while in office,[59] but only the Tsar could remove them.[60]
Abolition of the 1906 constitution
With
See also
References
- ^ "Основные Законы Российской Империи – Викитека". ru.wikisource.org (in Russian). Retrieved 2017-11-17.
- ^ Ukase of 3 June 1907.
- ^ The 1905 Revolution and The Russian Revolution, by Peter Litwin.
- ^ a b Scenarios of Power, From Alexander II to the Abdication of Nicholas II, by Richard Wortman, pg. 398
- ^ Russian Fundamental Laws of 1906, Great Encyclopedia of Russian History.
- ^ "Russian Imperial House – Fundamental State Laws". www.imperialhouse.ru.
- ^ Article 1.
- ^ Article 3.
- ^ Article 2.
- ^ Article 4.
- ^ Article 5.
- ^ Article 9.
- ^ a b Article 8.
- ^ Articles 10–13.
- ^ Article 13.
- ^ Articles 13 and 14.
- ^ Article 16.
- ^ Article 23.
- ^ Articles 17 and 18.
- ^ Article 26.
- ^ Article 27.
- ^ Chapter One, Article 6.
- ^ Article 36
- ^ Article 35.
- ^ Article 40.
- ^ Article 47.
- ^ Explanatory Note 2, at end of this chapter.
- ^ Article 56.
- ^ Article 57.
- ^ Article 62.
- ^ Article 63.
- ^ Article 64.
- ^ Article 66.
- ^ Article 67.
- ^ Articles 72–74.
- ^ a b Article 75.
- ^ Article 76.
- ^ Article 77.
- ^ Article 78.
- ^ Article 79.
- ^ Article 80.
- ^ Article 81.
- ^ Article 70.
- ^ Article 71.
- ^ "Lessons from Russian parliamentary history, early twentieth century".
- ^ Articles 98 and 99, respectively.
- ^ Article 100.
- ^ Article 101.
- ^ Article 106.
- ^ Articles 104 and 105.
- ^ Article 107.
- ^ Article 115.
- ^ Article 118.
- ^ Article 114.
- ^ Article 119.
- ^ Article 123.
- ^ Articles 123 and 124.
- ^ Article 122.
- ^ Chapter Ten, Article 108.
- ^ Chapter One, Articles 10 and 17.