Monograph on the historical sources and development of law in Russia to present-day constitutional law of the USSR - covers legal theory, institutional frameworks, social reforms, the administration of justice and development of jurisprudence, and includes political aspects, sociological aspects, inheritance and land ownership, collective farming, etc.
This volume examines the elements of formalism and decisionism in Russian legal thinking and, also, the impact of conservatism on the interplay of these elements. This combination leads to internal contradictions in theorizing about law and rights in Russian legal culture.
Medushevsky examines constitutionalism in Russia from Tsarist times to the present. He traces the different attitudes to constitutionalism in political thought, and in practice, at different periods, showing how the balance between authoritarianism and liberalism has shifted. In addition, he discusses the importance of constitutional developments for societies in transition, and concludes that post-communist constitutional development in Russia is still far from complete. As an empirical resource, Russian Constitutionalism takes a longer historical view than other books on this topic, and it also goes further than this in its interpretive approach, providing a greater understanding of Russian constitutionalism.
The contributors to this volume - all specialists on Soviet law and politics - offer a comprehensive examination of the effort to create a "law-based" state in the Gorbachev-era U.S.S.R., thus effecting a fundamental change in the relationship between the state and private groups and individuals. Gianmaria Ajani, Donald Barry, Harold Berman, Frances Foster-Simons, George Ginsburgs, John Hazard, Kathryn Hendley, Eugene Huskey, Dietrich Loeber, Peter Maggs, Hiroshi Oda, Nicolai Petro, Robert Sharlet, Louise Shelley, Will Simons and Peter Solomon, with commentary by Soviet scholars, discuss conceptual, historical, social, cultural, and institutional aspects of Soviet legal development, and supply detailed analysis of recent developments in the areas of civil, criminal, and labour law and the rights of individuals, economic organizations, and political and social groups.
This book explores the issue of selective law enforcement, arguing that the manipulation of the legal system by powerful insiders is a distinctive feature of Putinism, reflecting both its hybrid authoritarianism and Russian legal culture. Based on extensive research including interviews with the victims of selective law enforcement, the book analyses how selective law enforcement works in Russia, discusses the link between law and power, and relates the Russian situation to examples from elsewhere and to general legal theories and ideas of political hybridity.
The first comprehensive account of Stalin's struggle to make criminal law in the USSR a reliable instrument of rule offers new perspectives on collectivization, the Great Terror, the politics of abortion, and the disciplining of the labor force.
Provides a detailed analysis of how Russia's understanding of international law has developed Draws on historical, theoretical, and practical perspectives to offer the reader the 'big picture' of Russia's engagement with international law Extensively uses sources and resources in the Russian language, including many which are not easily available to scholars outside of Russia
The book examines the way Russian presidents Yeltsin, Medvedev, and Putin have used their constitutional decree powers since the end of the Soviet regime. The Russian constitution gives the Russian president extremely broad decree-making power, but its exercise is constrained by both formal and informal considerations. The book compares the Russian president's powers to those of other presidents, including the executive powers of the United States president and those of Latin American presidents. The book traces the historical development of decree power in Russia from the first constitution in 1905 through the Soviet period and up to the present day, showing strong continuities over time. It concludes that Russia's president operates in a strategic environment, where he must anticipate the way other actors, such as the bureaucracy and the parliament, will respond to his use of decree power.
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.
