Why the Russian Constitution Matters


Book Description

This book challenges the common view that the Russian Constitution is a sham or a reflection of Russia's authoritarian past. It instead shows that the Russian Constitution was a product of the constitutional 'dark arts', an increasingly common constitutional practice that seeks to guarantee liberal democracy and individual rights in a system of highly centralised power. Over time in Russia, the centralisation of power in the president has undermined the constitution's democratic and rights protections. This Russian experience matters for three reasons. First, it shows that Russian authoritarianism is neither the personal creation of Vladimir Putin nor a natural reflection of Russian history. It is instead the product of a centralised constitutional system. A democratic Russia is possible but requires more than just Putin leaving office - it also requires breaking with Russia's constitutional commitment to centralisation. Second, it demonstrates the role that the constitutional dark arts play in populist authoritarianism around the world. In these contexts, centralisation allows one office to claim popular legitimacy and dominate politics while (generally falsely) also claiming to respect individual rights and democracy. Third, it reveals that democratic constitutions are more than legal texts enforced in court. They are more fundamentally political texts that create a balanced state with political checks on the centralisation of political power. These checks and balances do not just limit state power and protect rights; they also enable the state to better understand and advance the general well-being of its citizens. This book therefore provides critical guidance to those involved in building democracy in a post-Putin Russia. It is also important to those seeking to better understand the role that constitutions play in shaping both authoritarian and democratic politics.




Russia and Its Constitution


Book Description

How is the Russian Constitution, ratified in 1993, being implemented today? A team of distinguished scholars assesses the promise and the realities of Russian constitutionalism in a number of critical areas.




Russian Constitutional Law


Book Description

Russian Constitutional Law is one of the first publications to offer profound analyses of the main institutions of the Constitutional Law of the Russian Federation in English. The authors, representing the Constitutional Law Chair of the Moscow State Institute for International Relations (MGIMO-University), cover the most important and basic categories of Constitutional Law in Russia: namely, the Constitution; the Status of the Individual; Federalism; the Electoral System; Federal Bodies (the...




Why the Russian Constitution Matters


Book Description

This book challenges the common view that the Russian Constitution is a sham or a reflection of Russia's authoritarian past. It instead shows that the Russian Constitution was a product of the constitutional 'dark arts', an increasingly common constitutional practice that seeks to guarantee liberal democracy and individual rights in a system of highly centralised power. Over time in Russia, the centralisation of power in the president has undermined the constitution's democratic and rights protections. This Russian experience matters for three reasons. First, it shows that Russian authoritarianism is neither the personal creation of Vladimir Putin nor a natural reflection of Russian history. It is instead the product of a centralised constitutional system. A democratic Russia is possible but requires more than just Putin leaving office - it also requires breaking with Russia's constitutional commitment to centralisation. Second, it demonstrates the role that the constitutional dark arts play in populist authoritarianism around the world. In these contexts, centralisation allows one office to claim popular legitimacy and dominate politics while (generally falsely) also claiming to respect individual rights and democracy. Third, it reveals that democratic constitutions are more than legal texts enforced in court. They are more fundamentally political texts that create a balanced state with political checks on the centralisation of political power. These checks and balances do not just limit state power and protect rights; they also enable the state to better understand and advance the general well-being of its citizens. This book therefore provides critical guidance to those involved in building democracy in a post-Putin Russia. It is also important to those seeking to better understand the role that constitutions play in shaping both authoritarian and democratic politics.







The Constitution of the Russian Federation


Book Description

This book provides a critical and contextual understanding of the current Russian Constitution. It comprises seven chapters: an introduction followed by substantive chapters covering specific aspects of Russia's constitutional history, structure and practice: the history and nature of the constitution; an overview of the current 1993 Constitution of the Russian Federation and the background to its adoption by plebiscite; executive power, the role and accountability of the President as Head of State, and the formation and powers of the federal government; the legislature and its formation, elections and the methods for forming the two chambers (State Duma and Federation Council) of the legislature (Federal Assembly); the constitutional role of the courts, the way in which rights are defined in constitutional terms and methods for their enforcement; and finally a concluding chapter that focuses on characteristic features of Russian polity and constitutionality in the context of constitutional stability, reform and change. This is an essential work of reference for anyone who wishes to embark on studying Russian law and politics, and a reflective assessment of progress in the modern era.




Constitutional Law in Russia


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Russia provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Russia will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.




The Constitution of the Russian Federation


Book Description

This book provides a critical and contextual understanding of the current Russian Constitution. It comprises seven chapters: an introduction followed by substantive chapters covering specific aspects of Russia's constitutional history, structure and practice: the history and nature of the constitution; an overview of the current 1993 Constitution of the Russian Federation and the background to its adoption by plebiscite; executive power, the role and accountability of the President as Head of State, and the formation and powers of the federal government; the legislature and its formation, elec.




The Russian model of separation of powers. Constitutional grounds and practical realization


Book Description

Essay from the year 2020 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: 2,0, , language: English, abstract: The constitution of the Russian Federation (CoRF) from 1993 states in Article 1 (1) that the Russian Federation is a democratic state. Therefore, it is interesting to analyze the realization of the separation of powers in Russia in two perspectives: in terms of the legal grounds and also concerning its practical realization. As the predecessor states of the Russian Federation weren’t democracies in the western sense of the term, this research can provide insights how the separation of powers principle is managed in a newly democratized state. Thus, the role of separation of powers in the Russian Federations predecessor states will be analyzed, before the constitutional norms concerning the separation of powers will be investigated. In addition, the practical handling of separation of powers in the Russian Federation will be discussed and it will be given a short conclusion.




How Constitutional Rights Matter


Book Description

Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.