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Russia and its Constitution: Promise and Political Reality


ISBN13: 9789004155350
Published: December 2007
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print



The Constitution of the Russian Federation was ratified in 1993 amid great hopes and aspirations following the collapse of the USSR. The constitution proclaims the goal of establishing a “democratic, federal state” that functions according to rule of law and promises a broad array of social, political and economic rights to its citizens.

But how well has the Russian government lived up to realizing these promises? Seven distinguished scholars on Russian politics and law examine the state of political accountability, federal power-sharing, judicial independence, press freedom, and criminal procedure in Russia today. The picture that emerges is decidedly mixed; they conclude that the Russian constitution remains a work in progress.

Subjects:
Other Jurisdictions , Russian Federation
Contents:
Acknowledgments
Preface
William B. Simons
Introduction: The Promise of the Russian Constitution
Gordon B. Smith
Chief Justices of the Constitutional Court of the Russian Federation: 1990 to the Present
Part I: Constitutional Promise and Political Realities
Chapter 1: Constitutionalism and Accountability in Contemporary Russia:
The Problem of Displaced Sovereignty
Richard Sakwa
Chapter 2: The Russian Constitutional Court’s Long Struggle for Viable Federalism
Robert Sharlet
Chapter 3: Russia’s Constitutional Spirit: Judge-Made Principles in Theory and Practice
Alexei Trochev
Part II: Constitutional Practice and Legal Obstacles
Chapter 4: Press Freedom in Russia: Does the Constitution Matter?
Peter Krug
Chapter 5: The Procuracy: Constitutional Questions Deferred
Gordon B. Smith
Chapter 6: Modern Russian Criminal Procedure: The Adversarial Principle and Guilty Plea
Stanislaw Pomorski
Chapter 7: Jury Trial and Adversary Procedure in Russia: Reform of Soviet Inquisitorial procedure or Democratic Window-Dressing?
Stephen C. Thaman
Chapter 8: Russia’s Constitutional Project and Prospects for the Future
Gordon B. Smith
About the Authors
List of Russian-Language Abbreviations
Index