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.
Table of Contents
1. The role of separation of powers in the predecessor states of the Russian Federation
1.1. The Tsarist era
1.2. The Soviet era
2. The constitutional norms concerning the separation of powers
2.1. The 1993 constitution
2.2. The constitutional amendments in 2020
3. Practical handling of the separation of powers
3.1. Presidential power
3.2. Accountability of the Government
3.3. Role of other branches
4. Conclusion
Research Objectives and Topics
This study investigates the realization of the separation of powers in the Russian Federation by analyzing both the legal constitutional framework and its practical application. It seeks to determine how the principle of separation of powers is managed in a newly democratized state, particularly in light of historical precedents and recent constitutional amendments.
- Historical evolution of separation of powers in Tsarist and Soviet Russia
- Analysis of the 1993 Russian Constitution and the 2020 constitutional amendments
- Examination of presidential power and the "superpresidentialist" system
- Evaluation of governmental accountability and the role of the judiciary
- Assessment of the balance between authoritarian elements and liberal constitutional provisions
Excerpt from the Book
3.1. Presidential power
A practical issue for the fulfillment and success of a real separation of powers is the lack of checks and balances in the Russian constitution. Firstly the direct accountability of the President to his electorates was extended to six years with the amendments to the constitution in 2008 and is compared to other democratic countries now quite a long time. Beside that the possibility of impeaching the acting President is very narrow. Following Art. 93 CoRF he can only be impeached on the basis of charges of high treason or of another grave crime and only with the participation of at least two thirds of the Federation Council and State Dumas deputies, which have to follow a complex procedure. Henderson argues that those requirements are irrational to fulfill in the actual political conditions as around 80 % of the Duma seats are filled with deputies supporting the President and also the Federation Council is filled with a huge amount of deputies which are directly dependent on the President, for example the representatives of the governors of the subjects.
Weisman sees the problem for the separation of powers especially in the circumstance that the Russian constitution guarantees the President a role as actor of a 'superpresidentialism' through the provision to facilitate interaction among all the branches. This would give the possibility to interfere in the competences of the other state institutions. For example the President is allowed to take on a traditional judiciary role in dispute settling between different governmental bodies, as the President only 'may' refer such disputes to the courts. Concerning the executive power the President can in addition govern the country almost autonomous and hence block the influence of the government through the ability to enact decrees which only are supposed to not contradict the constitution or federal legislation.
Summary of Chapters
1. The role of separation of powers in the predecessor states of the Russian Federation: This chapter reviews the historical absence of power separation during the Tsarist and Soviet eras to provide context for the current political system.
2. The constitutional norms concerning the separation of powers: This section details the 1993 constitution and the impact of the 2020 amendments on the legislative, executive, and judicial structures.
3. Practical handling of the separation of powers: This chapter analyzes how the presidency, government accountability, and other state branches function in practice, often deviating from strict separation.
4. Conclusion: This chapter synthesizes findings, arguing that presidential dominance often undermines the separation of powers and suggests that constitutional reforms may be necessary to ensure democratic integrity.
Keywords
Separation of powers, Russian Federation, Constitution, Presidency, Superpresidentialism, Checks and balances, Constitutional amendments, Government accountability, Rule of law, Authoritarianism, Legislative power, Executive power, Judiciary, Political system, Democratization
Frequently Asked Questions
What is the core subject of this research?
The work examines the implementation of the separation of powers principle within the Russian Federation, looking at both the legal framework established by the constitution and the reality of political practice.
What are the primary thematic areas covered?
The study covers historical developments in Tsarist and Soviet Russia, the constitutional text of 1993, the impact of 2020 amendments, and the actual exercise of power by the President and governmental bodies.
What is the central research question?
The research explores how the principle of separation of powers is managed in a newly democratized state and whether the current Russian constitutional structure adequately protects against the consolidation of power.
Which methodology is employed in this study?
The author employs a legal-political analysis, investigating constitutional provisions and cross-referencing them with scholarly interpretations and practical political observations.
What is discussed in the main body of the text?
The main body evaluates the institutional setup of the Russian state, focusing on the expansive powers of the President, the limited accountability of the government, and the challenges to judicial and legislative independence.
Which keywords best describe this work?
Key terms include separation of powers, Russian Constitution, superpresidentialism, checks and balances, and constitutional amendments.
How does the 2020 amendment affect the separation of powers?
The author argues that the 2020 amendments serve as a consolidation of power rather than a separation, specifically by strengthening presidential control over the Constitutional Court and restricting local self-governance.
Why is the Russian system referred to as "superpresidentialist"?
The term reflects the President's role as an actor who stands outside the classical triad of power, possessing the authority to influence and intervene in the competencies of the legislative, executive, and judicial branches.
What role does the Constitutional Court play in this framework?
The study notes that the Court's independence is constrained because its judges are appointed by the Federation Council, following nominations by the President, which creates a high potential for executive influence.
- Quote paper
- Florian Hertle (Author), 2020, The Russian model of separation of powers. Constitutional grounds and practical realization, Munich, GRIN Verlag, https://www.grin.com/document/595346
