Constitutionalism in the context of "Atlantic Revolutions"

The revolutions of 1848, also known as the springtime of the peoples, were a series of revolutions throughout Europe over the course of over a year, from 1848 to 1849. It remains the most widespread revolutionary wave in European history to date.

The revolutions varied widely in their aims but generally opposed conservative systems, such as absolute monarchy and feudalism, and sought to establish nation states, founded on constitutionalism and popular sovereignty. The revolutionary wave began with the Sicilian revolution in January and spread across Europe after the French revolution in February 1848. Over 50 countries were affected, but with no significant coordination or cooperation among their respective revolutionaries. Some of the major political contributing factors were widespread dissatisfaction with political leadership, demands for more participation in government and democracy, for freedom of the press, and by the working class for economic rights, and the rise of nationalism. Other economic factors, such as the European potato failure, triggered mass starvation, migration, and civil unrest.

In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution.

Social contract arguments typically are that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority (of the ruler, or to the decision of a majority) in exchange for protection of their remaining rights or maintenance of the social order. The relation between natural and legal rights is often a topic of social contract theory. The term takes its name from The Social Contract (French: Du contrat social ou Principes du droit politique), a 1762 book by Jean-Jacques Rousseau that discussed this concept. Although the antecedents of social contract theory are found in antiquity, in Greek and Stoic philosophy and Roman and Canon Law, the heyday of the social contract was the mid-17th to early 19th centuries, when it emerged as the leading doctrine of political legitimacy.

Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent. Changes to the constitution typically require a supermajority, often two thirds of votes instead of one half.

In some countries, parliamentary sovereignty may be contrasted with separation of powers and constitutionalism, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances.

Franz Joseph I or Francis Joseph I (German: Franz Joseph Karl [fʁants ˈjoːzɛf ˈkaʁl]; Hungarian: Ferenc József Károly [ˈfɛrɛnt͡s ˈjoːʒɛf ˈkaːroj]; 18 August 1830 – 21 November 1916) was Emperor of Austria, King of Hungary, and the ruler of the other states of the Habsburg monarchy from 2 December 1848 until his death in 1916. In the early part of his reign, his realms and territories were referred to as the Austrian Empire, but in 1867 they were reconstituted as the dual monarchy of Austria-Hungary. From 1 May 1850 to 24 August 1866, he was also president of the German Confederation.

In December 1848, Franz Joseph's uncle Emperor Ferdinand I abdicated the throne at Olomouc, as part of Minister President Felix zu Schwarzenberg's plan to end the Hungarian Revolution of 1848. Franz Joseph then acceded to the throne. In 1854, he married his first cousin Duchess Elisabeth in Bavaria, with whom he had four children: Sophie, Gisela, Rudolf, and Marie Valerie. Largely considered to be a reactionary, Franz Joseph spent his early reign resisting constitutionalism in his domains. The Austrian Empire was forced to cede its influence over Tuscany and most of its claim to Lombardy–Venetia to the Kingdom of Sardinia, following the Second Italian War of Independence in 1859 and the Third Italian War of Independence in 1866. Although Franz Joseph ceded no territory to the Kingdom of Prussia after the Austrian defeat in the Austro-Prussian War, the Peace of Prague (23 August 1866) settled the German Question in favour of Prussia, which prevented the unification of Germany from occurring under the House of Habsburg.

Marie Jean Antoine Nicolas de Caritat, Marquis of Condorcet (/kɒndɔːrˈseɪ/; French: [maʁi ʒɑ̃ ɑ̃twan nikɔla də kaʁita maʁki də kɔ̃dɔʁsɛ]; 17 September 1743 – 29 March 1794), known as Nicolas de Condorcet, was a French philosopher, political economist, politician, and mathematician. His ideas, including support for free markets, public education, constitutional government, and equal rights for women and people of all races, and a welfare state have been said to embody the ideals of the Age of Enlightenment, of which he has been called the "last witness", and Enlightenment rationalism. A critic of the constitution proposed by Marie-Jean Hérault de Séchelles in 1793, the Convention Nationale – and the Jacobin faction in particular – voted to have Condorcet arrested. He died in prison after a period of hiding from the French Revolutionary authorities.

The Young Turks (Ottoman Turkish: ژون تركلر, romanized: Jön Türkler, also كنج تركلر Genç Türkler) formed as a constitutionalist broad opposition-movement in the late Ottoman Empire against the absolutist régime of Sultan Abdul Hamid II (r. 1876–1909). The most powerful organisation within the movement, and the most conflated, was the Committee of Union and Progress (CUP, founded in 1889), though its ideology, strategies, and membership continuously changed. By the 1890s, the Young Turks were mainly a loose and contentious network of exiled intelligentsia who made a living by selling their newspapers to secret subscribers. Beyond opposition, exiled writers and sociologists debated Turkey's place in the East–West dichotomy.

Included in the opposition movement was a mosaic of ideologies, represented by democrats, liberals, decentralists, secularists, social Darwinists, technocrats, constitutional monarchists, and nationalists. Despite being called "the Young Turks", the group was of an ethnically diverse background; including Turks, Albanian, Aromanian, Arab, Armenian, Azeri, Circassian, Greek, Kurdish, and Jewish members. Besides membership in outlawed political committees, other avenues of opposition existed in the ulama, Sufi lodges, and masonic lodges. By and large, Young Turks favored taking power away from Yıldız Palace in favour of constitutional governance. The movement was popular especially among young, educated Ottomans and military officers that wanted reforms. They believed that a social contract in the form of a constitution would fix the empire's problems with nationalist movements and foreign intervention by instilling Ottomanism, or multi-cultural Ottoman nationalism.

Rechtsstaat (German: [ˈʁɛçt͡sˌʃtaːt] ; lit. "state of law"; "legal state") is a doctrine in continental European legal thinking, originating in German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", state of law, "state of justice", or "state based on justice and integrity". It means that everyone is subjected to the law, especially governments.

A Rechtsstaat is a constitutional state in which the exercise of governmental power is based on and constrained by the law. It is closely related to "constitutionalism" which is often tied to the Anglo-American concept of the rule of law, but differs from it in also emphasizing what is just (i.e., a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity). Thus it is the opposite of Obrigkeitsstaat (German: [ˈoːbʁɪçkaɪ̯t͡sʃtaːt] ) or Nichtrechtsstaat (a state based on the arbitrary use of power), and of Unrechtsstaat (a non-Rechtsstaat with the capacity to become one after a period of historical development).