The constitutional reforms of 1905—6 were ambiguous enough to give both sides grounds for hope. Nicholas had never accepted the October Manifesto as a necessary limitation upon his own autocratic prerogatives. He had reluctantly granted the Manifesto under pressure from Witte in order to save his throne. But at no time had he sworn to act upon it as a 'constitution' (the crucial word had nowhere been mentioned) and therefore, at least in his own mind, his coronation oath to uphold the principles of autocracy remained in force. The Tsar's sovereignty was in his view still handed to him directly from God. The mystical basis of the Tsar's power — which put it beyond any challenge —
remained intact. There was nothing in the new Fundamental Laws (passed in April 1906) to suggest that from now on the Tsar's authority should be deemed to derive from the people, as in Western constitutional theories.
In this sense, Miliukov was correct to insist (against the advice of most of his Kadet colleagues) that Russia would not have a real constitution until the Tsar had specifically acknowledged one in the form of a new oath of allegiance. For until then Nicholas was bound to feel no real obligation to uphold the constitutional principles of his own Manifesto, and there was nothing the Duma could do to prevent him from returning to the old autocratic ways once the revolutionary crisis had passed. Indeed the Fundamental Laws were deliberately framed to fulfil the promises of the October Manifesto whilst preserving the Tsar's prerogatives. They forced the new constitutional liberties into the old legal framework of the autocracy. The Tsar even explicitly retained the title of 'Autocrat', albeit only with the prefix 'Supreme' in place of the former 'Unlimited'. Nicholas took this to mean business as usual. As he saw it, the limitations imposed by the Fundamental Laws applied only to the tsarist
And the Tsar held most of the trump cards in the post-1905 system. He was the supreme commander of the armed services and retained the exclusive right to declare war and to make peace. He could dissolve the Duma, and did so twice when its conduct failed to please him. According to Article 87 of the Fundamental Laws he could also legislate by emergency decree when the Duma was not in session, and his government used this loophole to bypass parliamentary opposition. The Duma Electoral Law established an indirect system of voting by estates heavily weighted in favour of the crown's traditional allies, the nobility and the peasants (still quite mistakenly assumed to be monarchists at heart). The government (the Council of Ministers) was appointed exclusively by the Tsar, while the Duma had a veto over its bills. But there was no effective parliamentary sanction against the abuses of the executive, which remained subordinate to the crown (as in the German system) rather than to parliament (as in the English). There was nothing the Duma could do, for example, to prevent the government from subsidizing Rightist newspapers and organizations, which were known to incite pogroms and which even tried to assassinate prominent liberal Duma leaders. The Ministry of the Interior and the police, both of which retained close ties with the court, were quite beyond the Duma's control. Thanks to their sweeping and arbitrary powers, the civil rights and freedoms contained in the October Manifesto remained little more than empty promises. Indeed there is no more accurate reflection of the Duma's true position than the fact that whenever it met in the Tauride Palace a group of plain-clothes
policemen could be seen on the pavement outside waiting for those deputies to emerge whom they had been assigned to follow and keep under surveillance.2