Judgement Of The Constitutional Court Of The Russian Federation Of 31 July 1995

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Genre : Chechni͡a (Russia)
Author : Council of Europe
Publisher :
Release : 1996
File : 16 Pages
ISBN-13 : IND:30000050337140


Judgment Of The Constitutional Court Of The Russian Federation Of 31 July 1995

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Genre : Chechni︠a︡ (Russia)
Author : Russia (Federation). Konstitut︠s︡ionnyĭ Sud
Publisher :
Release : 1996
File : 30 Pages
ISBN-13 : STANFORD:36105062983700


Why The Russian Constitution Matters

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This book challenges the common view that the Russian Constitution is a sham or a reflection of Russia's authoritarian past. It instead shows that the Russian Constitution was a product of the constitutional 'dark arts', an increasingly common constitutional practice that seeks to guarantee liberal democracy and individual rights in a system of highly centralised power. Over time in Russia, the centralisation of power in the president has undermined the constitution's democratic and rights protections. This Russian experience matters for three reasons. First, it shows that Russian authoritarianism is neither the personal creation of Vladimir Putin nor a natural reflection of Russian history. It is instead the product of a centralised constitutional system. A democratic Russia is possible but requires more than just Putin leaving office - it also requires breaking with Russia's constitutional commitment to centralisation. Second, it demonstrates the role that the constitutional dark arts play in populist authoritarianism around the world. In these contexts, centralisation allows one office to claim popular legitimacy and dominate politics while (generally falsely) also claiming to respect individual rights and democracy. Third, it reveals that democratic constitutions are more than legal texts enforced in court. They are more fundamentally political texts that create a balanced state with political checks on the centralisation of political power. These checks and balances do not just limit state power and protect rights; they also enable the state to better understand and advance the general well-being of its citizens. This book therefore provides critical guidance to those involved in building democracy in a post-Putin Russia. It is also important to those seeking to better understand the role that constitutions play in shaping both authoritarian and democratic politics.

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Genre : Law
Author : William Partlett
Publisher : Bloomsbury Publishing
Release : 2024-09-19
File : 330 Pages
ISBN-13 : 9781509972210


Russia And The Right To Self Determination In The Post Soviet Space

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The right to self-determination is renowned for its lack of clear interpretation. Broadly speaking, one can differentiate between a 'classic' and a 'romantic' tradition. In modern international law, the balance between these two opposing traditions is sought in an attempt to contain or 'domesticate' the romantic version by limiting it to 'abnormal' situations, that is cases of 'alien subjugation, domination and exploitation'. This book situates Russia's engagement with the right to self-determination in this debate. It shows that Russia follows a distinct approach to self-determination that diverges significantly from the consensus view in international state practice and scholarship, partly due to a lasting legacy of the former Soviet doctrine of international law. Against the background of the Soviet Union's role in the evolution of the right to self-determination, the bulk of the study analyses Russia's relevant state practice in the post-Soviet space through the prisms of sovereignty, secession, and annexation. Drawing on analysis of all seven major secessionist conflicts in the former Soviet space and a detailed study of Russian sources and scholarship, it traces how Russian engagement with self-determination has changed over the past three decades. Ultimately, the book argues that Russia's approach to the right of peoples to self-determination should not only be understood in terms of power politics disguised as legal rhetoric but in terms of a continuously assumed regional hegemony and exceptionalism, based on balance-of-power considerations.

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Genre : Law
Author : Johannes Socher
Publisher : Oxford University Press
Release : 2021-06-17
File : 289 Pages
ISBN-13 : 9780192651723


The Protection Of Fundamental Rights By The Constitutional Court

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Mr Nikolai V. VITROUK.

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Genre : Political Science
Author : European Commission for Democracy through Law
Publisher : Council of Europe
Release : 1996-01-01
File : 318 Pages
ISBN-13 : 9287129606


Constitutional Law In Russia

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Russia provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Russia will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.

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Genre : Law
Author : Irina Bogdanovskaia
Publisher : Kluwer Law International B.V.
Release : 2019-07-10
File : 366 Pages
ISBN-13 : 9789403511733


The Degradation Of The International Legal Order

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Providing the basis for critical engagement with the pessimism of the contemporary age, The Degradation of the International Legal Order? argues passionately for a rehabilitation of the honour of historic events and processes, and of their role in generating legal concepts. Drawing primarily from the Marxian tradition, but also engaging with a range of contemporary work in critical theory and critical legal and human rights scholarship, this book analyses historical and recent international events and processes in order to challenge their orthodox interpretation. What is thus proposed is a new evaluation of international legal principles and human rights norms, the revolutionary content of which, it is argued, turns them from mere rhetoric into powerful weapons of struggle. Accessibly written, but theoretically sophisticated, this original and timely book is intended for critical teachers and students of international law, human rights, and international relations, as well as legal and political activists.

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Genre : Law
Author : Bill Bowring
Publisher : Routledge
Release : 2008-02-19
File : 252 Pages
ISBN-13 : 9781135330910


Public Control Of Armed Forces In The Russian Federation

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The volume deals with the fundamentals of the contemporary relations between civic actors and state power structures. The main focus lies on public control of armed forces and the question of why civilians should have a vigilant eye on the military institution as well as the civilian authority that legitimizes the use of force. Based on the example of conscription and recruitment as an intersection between the military and society, this study engages in an analysis of institutional change in the politico-military field in post-Soviet Russia. Taking a critical stance on conventional military sociology, the book shifts the focus away from the exclusive power relationship between political and military elites in the context of national security. Instead, it takes into consideration human and societal security, i.e. the needs and demands of individuals and groups at the grassroots level, affected by the military and the prevailing security situation in Russia. The book addresses readers with an interest in civil-military relations, contemporary Russian affairs, and social movement theories.

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Genre : Political Science
Author : Nadja Douglas
Publisher : Springer
Release : 2017-10-06
File : 369 Pages
ISBN-13 : 9783319563848


International Law In Domestic Courts

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The application of international law by domestic courts has gained increasing attention in recent years. In an ever-more interconnected world, domestic courts now make reference to judgments by foreign courts when faced with similar or identical legal problems involving international law. Their judgments see increasing recognition of their pivotal role in shaping and interpreting international law. Understanding them will be of use for any practitioner and scholar in international law. International Law in Domestic Courts, Oxford's online collection of domestic court decisions which apply international law, has been providing scholars with at-your-fingertips access to analysis and commentary for more than a decade. First established in 2006, it now includes over 1,700 judgments of cases involving international law-related aspects from nearly 100 countries and continues to expand. This Casebook is the perfect companion, presenting a selection of the most important cases along with a commentary to give a holistic overview of the use of international law in national courts, and how the jurisprudence has developed international law itself. Practitioners, students, and academics will find this an invaluable resource when faced with the complex questions of applying international law in domestic courts.

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Genre : Law
Author : André Nollkaemper
Publisher : Oxford University Press
Release : 2018-11-22
File : 952 Pages
ISBN-13 : 9780191060267


Chemical Control

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This thoroughly researched study highlights the international community's failure to regulate contemporary state research, development, marketing and/or deployment of riot control agents and incapacitating chemical agent weapons.

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Genre : Political Science
Author : Michael Crowley
Publisher : Springer
Release : 2016-01-26
File : 320 Pages
ISBN-13 : 9781137467140