Constitutional ideas of the Enlightenment era and the legal doctrine of Catherine II

Abstract

The article substantiates the position that the teachings of the Enlightenment were compatible with the foundations of class society and absolute monarchy. The formation of the branch of constitutional law is usually associated with the “Great Rebellion” and “Glorious Revolution” in England. However, as a result of the English revolution, an unwritten constitution appeared, the interpretation of which gave rise to three approaches: the “divine right” of R. Filmer, the theory of the social contract of J. R. Tolkien. Locke and the theory of the “ancient constitution”. The foundation of the science of constitutional law was laid by the teachings of the Enlightenment of the XVIII century. The ideas of “natural” equality, personal and political rights and freedoms, the restriction of “despotism” by law and the separation of powers contradicted the foundations of class society and absolute monarchies, but they were compatible with them. Enlightenment figures held positions in the royal service or were influential writers of their time. The doctrine and lawmaking of the “enlightened” monarchy of Catherine II was based on these teachings, which led to the assimilation of a number of constitutional and legal ideas and the formation of state law of the Russian Empire.