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Why the Russian Constitution Matters: The Constitutional Dark Arts

Why the Russian Constitution Matters: The Constitutional Dark Arts

Author: William Partlett
Publisher: Hart Publishing
ISBN: 9781509972197
Published In: September 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book challenges the common view that the Russian Constitution is a sham or a reflection of Russia's authoritarian past. It instead shows that the Russian Constitution was a product of the constitutional 'dark arts', an increasingly common constitutional practice that seeks to guarantee liberal democracy and individual rights in a system of highly centralised power.

Over time in Russia, the centralisation of power in the president has undermined the constitution's democratic and rights protections. This Russian experience matters for three reasons.

First, it shows that Russian authoritarianism is neither the personal creation of Vladimir Putin nor a natural reflection of Russian history. It is instead the product of a centralised constitutional system. A democratic Russia is possible but requires more than just Putin leaving office - it also requires breaking with Russia's constitutional commitment to centralisation.

Second, it demonstrates the role that the constitutional dark arts play in populist authoritarianism around the world. In these contexts, centralisation allows one office to claim popular legitimacy and dominate politics while (generally falsely) also claiming to respect individual rights and democracy.

Third, it reveals that democratic constitutions are more than legal texts enforced in court. They are more fundamentally political texts that create a balanced state with political checks on the centralisation of political power. These checks and balances do not just limit state power and protect rights; they also enable the state to better understand and advance the general well-being of its citizens.

This book therefore provides critical guidance to those involved in building democracy in a post-Putin Russia. It is also important to those seeking to better understand the role that constitutions play in shaping both authoritarian and democratic politics.

Introduction

1. The Struggle for a Democratic Russian Constitution (August 1987 - August 1993)

2. The Constitutional Dark Arts in Yeltsin's October Revolution (September – December 1993)

3. Russia's New Constitutional System in the 1990s (1994 – 1999)

4. Early Putinism (2000 – 2008)

5. The interregnum: Putin as Prime Minister (2008-2012)

6. Late Putinism and Russia's Future (2012 Onward)

7. Constitutions and Authoritarian State-building

8. Constitutions and Democracy

Conclusion: Lessons