Constitutional Transformations in the Russian Federation: An Analysis of Political and Legal Reforms from 1993 to 2020
Abstract
The constitutional landscape of the Russian Union has undergone substantial modification since the current Constitution was adopted in the country in the year of 1993. The Constitution was initially promulgated to create a semi-presidential federal republic within the Russian Union. However, the Constitution has been substantially amended numerous times, with major amendments occurring in 2008 and 2020, that together changed the political and legal landscape in the country. For example, the 2008 amendments extended the presidential term from four to six years. Furthermore, the 2020 amendments amended the Constitution such that the current sitting president, Vladimir Putin, can potentially serve until the year of 2036, by removing restrictions on consecutive presidential terms. The existence of a strong executive faces push-back in the Russian Federation, raising questions about the risk of an over concentration of power in the executive and a decline of democratic principles. Moreover, the limitation on judicial review to question the actions of the president and, the appointment of the governors by the president has been important issue questioning the independence of the judiciary and decentralization of power. While supporters to the amendments felt it was crucial for political stability, critical voices argued the amendments meant an abandonment of international law and democratic standards. This study identifies, analyzes, and addresses Russian constitutional amendments, its socio-political impact and the implications of power and governance with human rights and the rule of law. Finally the paper offers recommendations to improve transparency, oversight/ checks and balances, judicial independence, and overall compliance with international standards.
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