Regional Constitutional Justice in the Context of Russia’s Aspiration to be a Rule of Law State

Henderson, Jane; Belykh, Marina

doi:10.1163/15730352-04304001

Cited by 2 publications

(1 citation statement)

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“…There was a general opinion until 2020 that the Constitution was not a subject for reform. Still, some studies of constitutional law are used to aid our research, including Russian (Medushevksiy, 2019;Ryabova, 2019;Shakray & Yanik, 2018) and foreign (Elster, 2012;Henderson & Belykh, 2018;Landfied, 2019;Vogt, 1999) writers.…”

Section: Literature Overviewmentioning

confidence: 99%

2020 Constitutional Reform and Center-Region Relations in Russia

Kudryashova¹,

Mirzaev²

2020

JPL

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This article examines 2020 constitutional reform in Russia. The amendments recently were approved on July, 1st by nation-vide vote. The purpose of the article is to analyze center-region trends in Russia and how they are reflected in the proposed constitutional amendments. The prospective changes in regional representation in the federal decision-making process shall also be discussed. The article shows how chaotic decentralization during the 90-s was replaced by a trend of centralization. The 2020 constitutional reform reflects a further strengthening of this centralization trend. The problems faced by the Russian regions are left unresolved. It is becoming an overcentralized country. The amended Russian Constitution envisages a reformed role for the Russian State Council. It is supposed to be defined in the Constitution as a consultative body by the President and is expected to be formed of regional leaders. At the same time, the Federal Council of the Federal Assembly (the upper chamber of the Russian parliament), which represents the different constituencies, is also set to be reformed. However, after the reform some of its powers shall be restricted. The changes to regional representation in the federal decision-making process has a controversial and inconsistent character and inevitably supports the general trend towards centralization.

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Section: Literature Overviewmentioning

confidence: 99%

2020 Constitutional Reform and Center-Region Relations in Russia

Kudryashova¹,

Mirzaev²

2020

JPL

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Socialist Constitutional Legacies in Regional Constitutions and Charters in Russia

Henderson

2021

Russ. law j.

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Russia has a federated structure. It is quite complex, with five different types of subjects of the Federation: republics, territories, regions, an autonomous region, cities of federal significance, and autonomous areas. Each of these subjects of the Federation has its own constitutive law. For a republic within Russia, this document is called a constitution. For each of the other subjects of the Federation, it is called a charter (ustav). These "figurehead" constitutions and charters obviously have great significance for their respective subject of the Federation. However, there are interesting disparities between them. This article explores one aspect of these. It considers the legacy of the Soviet approach to law in the precise wording of the constitutions of Russia's republics and charters of the other subjects of the Federation. This careful textual analysis reveals that there are a few -although only a few -traces of Russia's socialist past in the wording of these constitutive documents. However, that may not be the only "remnant of the Soviet past" in the approach taken in relation to these important laws. It is argued that the scarcity of an enforcement mechanism which might allow judicial consideration of any breach of a republican constitution or subject of the Federation charter is strongly reminiscent of the situation of constitutional unaccountability which existed under the Soviet regime.

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Regional Constitutional Justice in the Context of Russia’s Aspiration to be a Rule of Law State

Cited by 2 publications

References 1 publication

2020 Constitutional Reform and Center-Region Relations in Russia

2020 Constitutional Reform and Center-Region Relations in Russia

Socialist Constitutional Legacies in Regional Constitutions and Charters in Russia

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