Post-World War I comparative constitutional developments in Central and Eastern Europe

摘要

This article investigates the emergence of a new era of constitutional legal thinking in Europe in the aftermath of World War I by discussing the constitutions of ten European states. In particular, the article offers analyses of the constitution-making processes in these newly established Eastern and Central European countries with the emphasis on their liberal and democratic attributes. Constitution-making in the wake of World War I can be characterized as a silent revolution as it brought about institutions of representative democracy, higher standards of human rights, establishment of self-governance, stronger electoral rights, clearer division of powers, and, most importantly, reinforcement of the national independence of the countries concerned. These constitutions have clearly superseded outdated systems of absolute monarchy and instead embarked on the road of European understanding of democracy and rule of law. The present study is important for two main reasons: there has been no major historical and political research so far that would reflect the common trends and characteristics of these constitutions; it is also important to document and better understand the roots of modern-day socially driven constitutional thinking in Central and Eastern Europe. The article argues that growing unpopularity of dictatorial and monarchical regimes in Europe induced the newly emerged states to take a progressive course. It is further concluded that in rejecting their past, these states followed legal and socio-political trends of democracy developing in the Western Europe, particularly those in victor countries of World War I.