Law And Democracy In The New Russia

This book presents papers by American, Western European, and Russian legal scholars who discuss recent constitutional developments in Russia, assess the complex processes of change that are under way, and interpret Russian constitutionalism in light of both the American and European experience. Dialogues on Public Policy

WARNING: IMMEDIATE GLOBAL THREAT TO ALL DEMOCRATIC NATIONS BY THE CHINA-RUSSIA AXIS America’s future has never seemed more uncertain. Our politics are dysfunctional; our cultural cohesion is a thing of the past; our institutions have lost legitimacy; and our identity as Americans seems increasingly subordinate to tribal or ideological identities. Overhanging all these issues is a loss of confidence in democracy itself, both in America and around the world, and the concomitant rise of authoritarianism as a viable model of governance in the eyes of millions. At the center of this story are two nations—Russia and China—that together stand as a profound challenge to the American and Western future, and to the future of democracy and human rights around the globe. As America unravels, China and Russia have taken every opportunity to expand their opportunities and consolidate their gains. If the United States is to prevail in this struggle, our efforts must begin with a better understanding of our determined adversaries in Beijing and Moscow—and of how their successes have emboldened the cause of authoritarianism around the world, to the detriment of free societies and free people.

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.

Combining the approaches of three fields of scholarship - political science, law and Russian area- tudies - the author explores the foundations and future of the Russian Federation. Russia's political elite have struggled to build an extraordinarily complex federal system, one that incorporates eighty-nine different units and scores of different ethnic groups, which sometimes harbor long histories of resentment against Russian imperial and Soviet legacies. This book examines the public debates, official documents and political deals that built Russia's federal house on very unsteady foundations, often out of the ideological, conceptual and physical rubble of the ancien régime. One of the major goals of this book is, where appropriate, to bring together the insights of comparative law and comparative politics in the study of the development of Russia's attempts to create - as its constitution states in the very first article - a 'Democratic, federal, rule-of-law state'

Boris Yeltsin is one of modern history's most dynamic and underappreciated figures. In this vivid, analytical masterwork, Herbert J. Ellison establishes Yeltsin as the principal leader and defender of Russia's democratic revolution - the very embodiment of Russia's fragile new liberties, including the evolving respect for the rule of law and private property as well as core freedoms of speech, religion, press, and political association. In 1987 President Mikhail Gorbachev expelled Boris Yeltsin from his team of reform politicians, but Yeltsin rebounded from this potentially devastating setback to become the leader of the Russian democratic movement. He created a new office of Russian president, to which he was elected; designed a democratic constitution for the Soviet Union that precipitated a coup attempt by traditionalist communist leaders; granted independence to the nations of the Soviet Union; and replaced Communist Party rule with democracy and the socialist economy with a market economy. In a short period, he had succeeded in becoming the first popularly elected leader in a thousand years of Russian history. He had blocked violent attempts at counter-revolution and overcome powerful resistance to his reform program. His achievements rank among the most extraordinary feats of political leadership in the twentieth century.

How is the Russian Constitution, ratified in 1993, being implemented today? A team of distinguished scholars assesses the promise and the realities of Russian constitutionalism in a number of critical areas.

David G. Lewis explores the transformation of Russian domestic politics and foreign policy under Vladimir Putin. Using contemporary case studies - including Russia's legal system, the annexation of Crimea and Russian policy in Syria - he critically examines Russia's new authoritarian political ideology.

David G. Lewis explores Russia's political system under Putin by unpacking the ideological paradigm that underpins it. He investigates the Russian understanding of key concepts such as sovereignty, democracy and political community. Through the dissection of a series of case studies - including Russia's legal system, the annexation of Crimea, and Russian policy in Syria - Lewis explains why these ideas matter in Russian domestic and foreign policy.

Since the end of the Cold War the relationship between the internal constitution of a state and its international behaviour has been a subject of much scholarly interest. Assuming that this connection matters the author analyses the transformation from the USSR to the Russian Federation. Does a liberal Russia behave better than the non-liberal USSR? Are Russia's attitudes towards international law different than those of the former USSR? How much continuity is there and how much change has occurred in the scholarship of international law in Russia? How are Russia's treaties made and implemented? What is the role of international law in the Russian legal system? The author shows that international human rights played an important role in the Soviet "perestroika" and in the subsequent reforms in the Russian Federation. She argues that at the surface level the transformation in Russia has been remarkable, notably so with regard to the role of international law in the domestic legal system. Drawing from a wide range of materials - Soviet/Russian history, legislation, court cases and doctrinal writings - the book takes a cultural and historical perspective to analysis of legal change.

The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America. In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated peopleÕs rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power. Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.