The Russian Model Of Separation Of Powers Constitutional Grounds And Practical Realization

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.

Co-rapporteur: mrs. Mavis Maclean.

"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

This volume aims to commemorate, criticize, scrutinize and assess the undoubted significance of the Russian Revolution both retrospectively and prospectively in three parts. Part I consists of a palimpsest of the different representations that the Russian Revolution underwent through its turbulent history, going back to its actors, agents, theorists and propagandists to consider whether it is at all possible to revisit the Russian Revolution as an event. With this problematic as a backbone, the chapters of this section scrutinize the ambivalences of revolution in four distinctive phenomena (sexual morality, religion, law and forms of life) that pertain to the revolution’s historicity. Part II concentrates on how the revolution was retold in the aftermath of its accomplishment not only by its sympathizers but also its opponents. These chapters not only bring to light the ways in which the revolution triggered critical theorists to pave new paths of radical thinking that were conceived as methods to overcome the revolution’s failures and impasses, but also how the Revolution was subverted in order to inspire reactionary politics and legitimize conservative theoretical undertakings. Even commemorating the Russian Revolution, then, still poses a threat to every well-established political order. In Part III, this volume interprets how the Russian Revolution can spur a rethinking of the idea of revolution. Acknowledging the suffocating burden that the notion of revolution as such entails, the final chapters of this book ultimately address the content and form of future revolution(s). It is therein, in such critical political thought and such radical form of action, where the Russian Revolution’s legacy ought to be sought and can still be found.

This book represents an effort to assess the unprecedented political, economic, and social reforms that have swept through Central and Eastern Europe in the five years since the collapse of Communism. The dismantling of the Warsaw Pact, the Council for Mutual Economic Assistance, the Communist Party apparatus, and the various manifestations of the `nomenklatura' political control system have meant different things in different countries, but throughout the region we have witnessed a struggle to replace an authoritarian, one-party political system and a command economy with something resembling Western-style constitutional democracy and market economics. Accompanying this struggle have been attempts to transform the legal structure of these countries. It is no exaggeration to claim that lawyers, and particularly legal scholars, have played a central role in the struggle for reform in post-communist Europe. As conceived by its principal organizer and editor (Stanislaw Frankowski), this study gives these scholars an opportunity to express their perceptions of the success achieved to date and the work still remaining. A secondary goal is to expose a Western audience to the views and insights of legal scholars who have worked within the Central and Eastern European traditions. The four parts of this book reflect the principal areas in which legal reform seemed essential. First comes the reconstitutionalization of the societies in question, which means above all else the elimination of single-party politics and the notion of unity of powers. Then comes the creation of the legal institutions that would make possible a civil society under law. Then the institutions that moderate and control the uses of state power to discipline and punish persons that have transgressed the society's norms. Finally there is the question of how law reform had dealt with industrial democracy and the anticipated transformation of the workplace.

This book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought—the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

This special issue of the REVIEW OF CENTRAL AND EAST EUROPEAN LAW compiles the material published under the head `Russian Federation Legislative Survey' in the six 1993 issues of the journal. It covers Russian legislation from the date of the Declaration of the State of Sovereignty of the RSFSR (12 June 1990) until the end of 1992. The principal watershed in this period was the disappearance of the USSR. This event had far-reaching consequences for Russian law, because of the two-tier character of law in the former Soviet Union: USSR law at the top, and underneath the subordinate legal systems of the individual union republics, including the RSFSR. These consequences can still be felt in many areas, and it will take considerable time and major efforts to replace all USSR law by new Russian enactments. The Institute of East European Law and Russian Studies intends to bring this survey up to date as soon as possible. This is of course desirable for the practitioner, as well as for the academic user. It is felt, however, that it was imperative to build on a solid foundation, even if it meant some delay in the beginning. As new official sources of legislation emerge, as some already have in 1993, they will be included in the issues of the REVIEW OF CENTRAL AND EAST EUROPEAN LAW. The present survey is a reprint of the fourth issue of the REVIEW OF CENTRAL AND EAST EUROPEAN LAW (1994) and is available gratis to subscribers.