Medieval origins of constitutional government in the West

Abstract

This survey of the political history of nonwestern countries has shown that Russia, Japan, and China never developed the levels of constitutional government found in late medieval Europe. Three of the four social origins of constitutionalism in the West, rough balance between crown and noble, contractual-feudal military organization, and lordpeasant dynamics have been largely absent from these countries. Nor has any other substantial source (such as religion or economic organization) been uncovered that compensated for these absences or which otherwise fostered constitutionalism. Consequently, the major institutes of medieval constitutionalism, rural local government, autonomous towns, estates, and the rule of law, have also been largely absent. Village government, on the other hand, which was fostered in the West by the continuance of Germanic peasant organization and by the commune movement of the medieval period, has been found to be quite ubiquitous outside Europe. Village government existed — and in vital forms — in all three nonwestern regions, but always dwarfed by the power of authoritarian organs of the surrounding state structures. Thus, village government in and of itself lacked constitutional significance unless it was able to fuse with other, stronger constitutional institutions as it did in the West.