The Russian model of separation of powers. Constitutional grounds and practical realization PDF Download

Author: Florian Hertle
Publisher: GRIN Verlag
ISBN: 3346172104
Category : Law
Languages : en
Pages : 16

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Book Description
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.

Author: A.V. Dicey
Publisher: Springer
ISBN: 134917968X
Category : Social Science
Languages : en
Pages : 729

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Book Description
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Author: Robert D. Cooter
Publisher: Princeton University Press
ISBN: 0691214506
Category : Law
Languages : en
Pages : 435

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Book Description
Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287133502
Category : Political Science
Languages : en
Pages : 204

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Book Description
Co-rapporteur: mrs. Mavis Maclean.

Author: Paul Valliere
Publisher: Routledge
ISBN: 1000427943
Category : History
Languages : en
Pages : 275

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Book Description
This book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought—the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.

Author: Matt Qvortrup
Publisher: Manchester University Press
ISBN: 184779582X
Category : Philosophy
Languages : en
Pages : 162

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Book Description
This electronic version has been made available under a Creative Commons (BY-NC-ND) open access license. This exciting new text presents the first overview of Jean Jacques Rousseau's work from a political science perspective. Was Rousseau--the great theorist of the French Revolution--really a conservative? This original study argues that the he was a constitutionalist much closer to Madison, Montesquieu, and Locke than to revolutionaries. Outlining his profound opposition to Godless materialism and revolutionary change, this book finds parallels between Rousseau and Burke, as well as showing how Rousseau developed the first modern theory of nationalism. The book presents an integrated political analysis of Rousseau's educational, ethical, religious and political writings, and will be essential reading for students of politics, philosophy and the history of ideas.

Author: Samuel Issacharoff
Publisher: Cambridge University Press
ISBN: 1107038707
Category : Law
Languages : en
Pages : 311

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Book Description
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.

Author:
Publisher:
ISBN: 9789213622513
Category : Civil rights
Languages : en
Pages : 144

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Book Description
This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.

Author: James H. Billington
Publisher: Woodrow Wilson Center Press
ISBN: 0801879760
Category : Philosophy
Languages : en
Pages : 252

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Book Description
Billington describes the contentious discussion occurring all over Russia and across the political spectrum. He finds conflicts raging among individuals as much as between organized groups and finds a deep underlying tension between the Russians' attempts to legitimize their new, nominally democratic identity, and their efforts to craft a new version of their old authoritarian tradition. After showing how the problem of Russian identity was framed in the past, Billington asks whether Russians will now look more to the West for a place in the common European home, or to the East for a new, Eurasian identity.

Author: M. J. C. Vile
Publisher:
ISBN: 9780865971752
Category : History
Languages : en
Pages : 0

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Book Description
Arguably no political principle has been more central than the separation of powers to the evolution of constitutional governance in Western democracies. In the definitive work on the subject, M. J. C. Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century—when it was indispensable to the founders of the American republic—through subsequent political thought and constitution-making in Britain, France, and the United States. The author concludes with an examination of criticisms of the doctrine by both behavioralists and centralizers—and with "A Model of a Theory of Constitutionalism." The new Liberty Fund second edition includes the entirety of the original 1967 text published by Oxford, a major epilogue entitled "The Separation of Powers and the Administrative State," and a bibliography. M. J. C. Vile is Professor of Politics at the University of Kent at Canterbury and author also of The Structure of American Federalism.