This is a study of the actual role that the Russian Constitutional Court played in protecting fundamental rights and resolving legislative-executive struggles and federalism disputes in both Yeltsin's and Putin's Russia. Trochev argues that judicial empowerment is a non-linear process with unintended consequences and that courts that depend on their reputation flourish only if an effective and capable state is there to support them. This is because judges can rely only on the authoritativeness of their judgments, unlike politicians and bureaucrats, who have the material resources necessary to respond to judicial decisions. Drawing upon systematic analysis of all decisions of the Russian Court (published and unpublished) and previously unavailable materials on their (non-)implementation, and resting on a combination of the approaches from comparative politics, law, and public administration, this book shows how and why judges attempted to reform Russia's governance and fought to ensure compliance with their judgments.
From the Spanish Inquisition to Nazi Germany to the United States today, ordinary people have often chosen to turn in their neighbors to the authorities. What motivates citizens to inform on the people next door? In Judge Thy Neighbor, Patrick Bergemann provides a theoretical framework for understanding the motives for denunciations in terms of institutional structures and incentives. In case studies of societies in which denunciations were widespread, Bergemann merges historical and quantitative analysis to explore individual reasons for participation. He sheds light on Jewish converts’ shifting motives during the Spanish Inquisition; when and why seventeenth-century Romanov subjects fulfilled their obligation to report insults to the tsar’s honor; and the widespread petty and false complaints filed by German citizens under the Third Reich, as well as present-day plea bargains, whistleblowing, and crime reporting. Bergemann finds that when authorities use coercion or positive incentives to elicit information, individuals denounce out of self-preservation or to gain rewards. However, in the absence of these incentives, denunciations are often motivated by personal resentments and grudges. In both cases, denunciations facilitate social control not because of citizen loyalty or moral outrage but through the local interests of ordinary participants. Offering an empirically and theoretically rich account of the dynamics of denunciation as well as vivid descriptions of the denounced, Judge Thy Neighbor is a timely and compelling analysis of the reasons people turn in their acquaintances, with relevance beyond conventionally repressive regimes.
It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In Courts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, Courts and Transition in Russia should appeal to anyone interested in law, politics, or business in Russia ? scholars and practitioners alike ? as well as to students of comparative law, legal transition, and courts in new democracies.
Much of the media coverage and academic literature on Russia suggests that the justice system is unreliable, ineffective and corrupt. But what if we look beyond the stereotypes and preconceptions? This volume features contributions from a number of scholars who studied Russia empirically and in-depth, through extensive field research, observations in courts, and interviews with judges and other legal professionals as well as lay actors. A number of tensions in the everyday experiences of justice in Russia are identified and the concept of the 'administerial model of justice' is introduced to illuminate some of the less obvious layers of Russian legal tradition including: file-driven procedure, extreme legal formalism combined with informality of the pre-trial proceedings, followed by ritualistic format of the trial. The underlying argument is that Russian justice is a much more complex system than is commonly supposed, and that it both requires and deserves a more nuanced understanding.
Is America in a new Cold War with Russia? How does a new Cold War affect the safety and security of the United States? Does Vladimir Putin really want to destabilize the West? What should Donald Trump and America’s allies do? America is in a new Cold War with Russia even more dangerous than the one the world barely survived in the twentieth century. The Soviet Union is gone, but the two nuclear superpowers are again locked in political and military confrontations, now from Ukraine to Syria. All of this is exacerbated by Washington’s war-like demonizing of the Kremlin leadership and by Russiagate’s unprecedented allegations. US mainstream media accounts are highly selective and seriously misleading. American “disinformation,” not only Russian, is a growing peril. In War With Russia?, Stephen F. Cohen—the widely acclaimed historian of Soviet and post-Soviet Russia—gives readers a very different, dissenting narrative of this more dangerous new Cold War from its origins in the 1990s, the actual role of Vladimir Putin, and the 2014 Ukrainian crisis to Donald Trump’s election and today’s unprecedented Russiagate allegations. Topics include: Distorting Russia US Follies and Media Malpractices 2016 The Obama Administration Escalates Military Confrontation With Russia Was Putin’s Syria Withdrawal Really A “Surprise”? Trump vs. Triumphalism Has Washington Gone Rogue? Blaming Brexit on Putin and Voters Washington Warmongers, Moscow Prepares Trump Could End the New Cold War The Real Enemies of US Security Kremlin-Baiting President Trump Neo-McCarthyism Is Now Politically Correct Terrorism and Russiagate Cold-War News Not “Fit to Print” Has NATO Expansion Made Anyone Safer? Why Russians Think America Is Attacking Them How Washington Provoked—and Perhaps Lost—a New Nuclear-Arms Race Russia Endorses Putin, The US and UK Condemn Him (Again) Russophobia Sanction Mania Cohen’s views have made him, it is said, “America’s most controversial Russia expert.” Some say this to denounce him, others to laud him as a bold, highly informed critic of US policies and the dangers they have helped to create. War With Russia? gives readers a chance to decide for themselves who is right: are we living, as Cohen argues, in a time of unprecedented perils at home and abroad?
Regulating Judges presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Richard Devlin and Adam Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world.
Now in a thoroughly revised, expanded, and updated edition, this classic text provides the most authoritative and current analysis available of the challenges facing Putin as he resumes the presidency. Leading scholars explore the daunting domestic and international problems confronting Russia today. Evaluating the regime’s continued efforts to rebuild a country once on the verge of collapse, the contributors consider a comprehensive array of economic, political, foreign policy, and social issues. Clearly written and organized, this text is an indispensable guide for anyone wanting to understand Russia today.
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
Everyday Law in Russia challenges the prevailing common wisdom that Russians cannot rely on their law and that Russian courts are hopelessly politicized and corrupt. While acknowledging the persistence of verdicts dictated by the Kremlin in politically charged cases, Kathryn Hendley explores how ordinary Russian citizens experience law. Relying on her own extensive observational research in Russia’s new justice-of-the-peace courts as well as her analysis of a series of focus groups, she documents Russians’ complicated attitudes regarding law. The same Russian citizen who might shy away from taking a dispute with a state agency or powerful individual to court might be willing to sue her insurance company if it refuses to compensate her for damages following an auto accident. Hendley finds that Russian judges pay close attention to the law in mundane disputes, which account for the vast majority of the cases brought to the Russian courts. Any reluctance on the part of ordinary Russian citizens to use the courts is driven primarily by their fear of the time and cost—measured in both financial and emotional terms—of the judicial process. Like their American counterparts, Russians grow more willing to pursue disputes as the social distance between them and their opponents increases; Russians are loath to sue friends and neighbors, but are less reluctant when it comes to strangers or acquaintances. Hendley concludes that the "rule of law" rubric is ill suited to Russia and other authoritarian polities where law matters most—but not all—of the time.
