Constitutional revolution as a procedure for constitutional changing

Abstract

Constitutional revolution is an order of constitutional change, the validity of which is not based on the current constitution, does not comply with its norms, and is not carried out in accordance with the procedures enshrined in the constitution. When the constitutional revolution is carried out, the limits of changing the previous constitution are violated and constitutional review over their observance is not carried out or to no avail. There are two theories that explain the validity of the constitution adopted as a result of the constitutional revolution: the theory of external legitimacy and the theory of internal legality. The theory of external legitimacy assumes that the basis for the validity of the constitution is external source: God, the people, a charismatic leader, etc. The validity of the constitution is not subordinate to it itself, but has an extra-constitutional source of origin. The new constitution receives from this external source its legitimacy, which makes up for the legality lost as a result of the revolution. The theory of internal legality assumes that the basis for the validity of a constitution can only be an internal source — the constitution itself. The new constitution finds its validity from itself. On the one hand, this approach is logically contradictory, since it is self-referential and explains the phenomenon by referring to itself. On the other hand, it excludes a transcendental and other objectively unverifiable explanation of the constitution. The validity of the Constitution of the Russian Federation, adopted as a result of the constitutional revolution of 1993, is based on the theory of external legitimacy, which links the validity of the constitution with its effectiveness.

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