Constitutional Foundations of the CIS Countries


Book Description

Nowhere today is constitutional law more avidly debated and studied than in the twelve post-soviet republics known as the Commonwealth of Independent States (CIS). Drawing on past experience as well as on European, American and Asian models, the constitutions of these countries have a great deal to tell the legal scholar about how the independent states of the post-Cold-War world understand the transition to a market economy. Constitutional Foundations of the CIS Countries is a remarkable work of scholarship and synthesis. Its new, eminently readable English translations accurately present the current (1999) constitutional laws of all twelve CIS countries. The author and translator--himself active as an adviser on constitutional reform in several of these states--has taken extreme care to establish the most authentic sources through an exhaustive investigation of the existing documents and through personal interviews. From a great mass of confusing and often contradictory material in a dozen languages, he has assembled a coherent and authoritative collection of essential documents that allows us to see the lineaments of constitutional law at a crucial stage of development in this fast-changing region of great economic significance.




The Law of Treaties in Russia and the Commonwealth of Independent States


Book Description

This 2002 book includes full texts of relevant legislation, informed commentary on every article in the laws, and extensive bibliography.




The Constitutional Foundations of World Peace


Book Description

This book shows how significant a worldwide constitutional framework can be, both analytically and politically, in efforts to achieve a just and lasting peace. The authors are careful to avoid the pitfalls of legalism and moralism that have often afflicted discussion of world governance in the past, and their analyses are rooted directly within contemporary human struggles for peace, justice, prosperity, and environmentally sustainable societies. The authors demonstrate that when these struggles are examined in light of the planet’s changing constitutional framework, their origins and future trajectories are more fathomable intellectually. By examining alternative images of world order, these authors uncover an abundance of practical yet bold policy recommendations for addressing and solving global problems. They also demonstrate that implementing desirable policies can indeed become politically feasible. This book is a compendium of new ideas for managing threats to peace, enhancing U. N. peacekeeping, establishing an effective global environmental authority, aiding the faltering global economy, nurturing the growth of democracy both locally and globally, protecting human rights and ethnic diversity, holding governments and intergovernmental organizations accountable to those they govern, and nurturing humanitarian values among all people.




The Constitution of the Russian Federation


Book Description

'[The] scholarship is consistently thorough and lucid, and absolutely reliable' European Public Law As reviews of the first edition attest, this book gives a unique critical and contextual insight into the Constitution of one the world's most powerful countries. Its first edition was published in 2011, when Dmitrii Medvedev was Russia's President. Since then there was a regime change in 2012 as Vladimir Putin returned to the presidency, and, significantly, dramatic shifts in constitutionality as Russia pursues a 'return to traditional values'. The book explores the Constitution's evolution over its nearly 30 years' existence, including the significant amendments of 2020. This second edition situates these important changes in the context of Russia's historical and legal development, as Putin continues to dominate the political scene. It also looks at broader constitutional questions on the interrelation between the main State agencies, the role of the courts, human rights and their enforcement.




The Foundations and Traditions of Constitutional Amendment


Book Description

There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.




The Foundations of Russian Law


Book Description

This accessible text explains how Russian law works in all its principal areas. It elucidates the main concepts and frameworks behind Russian law, and uses original legal sources and case law to explain how it operates in practice. The contributors, all of whom are leading experts on Russian law, employ original research to further knowledge of the Russian legal profession, legal culture, judiciary and court systems, providing a scholarly and practical account of Russian law for students and scholars alike. It is essential reading for anyone seeking a deeper understanding of the subject.




Foreign Policies of the CIS States


Book Description

How do the former Soviet republics that now constitute the Commonwealth of Independent States (CIS) interact with each other and with other regional and world powers? What are the conceptual foundations, mechanisms, and main directions of each member state's foreign policy? What role do economic and political factors play? Answering these questions and more in this systematic, comprehensive survey, a team of in-country experts sheds important light on the complex regional and international interactions of the CIS states in the twenty-first century.




The CIS, the EU and Russia


Book Description

This book focuses on the difficulties facing Russia, Ukraine and Belarus with regard to their integration into both the CIS and the encroaching EU. It analyzes the links between the integration mechanisms of the CIS and EU and the various state policies towards, and the elite interests in, the territory of the former Soviet Union.




Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union


Book Description

This book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad. The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners. The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia. The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.