The Russian Model Of Separation Of Powers Constitutional Grounds And Practical Realization
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The Russian Model of Separation of Powers. Constitutional Grounds and Practical Realization by Florian Hertle Pdf
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.
A Practical Guide to Constitution Building by Winluck Wahiu,Markus Böckenförde,Nora Hedling Pdf
"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."--
Author : Council of Europe Publisher : Council of Europe Page : 204 pages File Size : 49,7 Mb Release : 1997-01-01 Category : Political Science ISBN : 9287133506
The Russian Revolution as Ideal and Practice by Thomas Telios,Dieter Thomä,Ulrich Schmid Pdf
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.
Legal Reform in Post-Communist Europe by Frankowski Pdf
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.
Law and the Christian Tradition in Modern Russia by Paul Valliere,Randall A. Poole Pdf
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.
An Introduction to the Study of the Law of the Constitution by A.V. Dicey Pdf
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.
Russian Federation Legislative Survey, June 1990-December 1993 by Ferdinand J.M. Feldbrugge Pdf
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.
Human Rights and Constitution Making by Anonim Pdf
"This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.
The Strategic Constitution by Robert D. Cooter Pdf
Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
Russian Constitutional Law by Elena A. Kremyanskaya,Tamara O. Kuznetsova,Inna A. Rakitskaya Pdf
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...
