Ioannis A. Capodistrias’ constitutional thought: A comparative study of I. A. Capodistrias’ constitutional plans for Switzerland and Greece

Abstract

A cornerstone of I. A. Capodistrias’ multi-faceted political action either as a diplomat to consolidate the European political system of neutral state federations (1815-1821) or as a Governor of Greece (1828-1831) was his faith in the constitutional institutions and the defence of human rights. From the perspective of Constitutional Law, this paper investigates the part of Capodistrias’ political career relating to the constitutional reorganisation of Switzerland and Greece, to highlight the unprecedented nature of his constitutional thought combining commitment to the democratic and liberal ideas of the Enlightenment with pragmatism. It analyses the fundamental features of Capodistrias’ constitutional thinking on (a) the right to constitutional self-determination, (b) constitutional-writing in response to the political, social and economic conditions at that time, and (c) the consideration of the historical acquis of a country, its constitutional tradition and the European institutional standards of modernisation while drafting a Constitution.