|
A Constitution for the Russian Federation
Working paper
Peter Ordeshook, Thomas Schwartz
June 1993 |
| |
|
The draft constitution prepared for the Russian Federation can, in many respects, be regarded as a generic presidential constitution for a federation, it summarizes much of what we have learned about due process, the rule of law, the relationship between legislative and executive powers, and stable federalisms. Section I (Articles 1-6) converts the Russian’s penchant for a “constitution within a constitution” and statements of general principles into a specification of the meaning of the rule of law and a crisp review of the meaning of democratic stability.
Section II is the constitution’s bill of rights. Two articles in this section warrant special notice. Article 12 summarizes two hundred years of experience in trying to understand how to balance basic inalienable rights against the necessity for regulating the exercise of those rights by the sovereign, the people. Article 9 encapsulates a similar experience with the foundations of private property and competitive markets. Section III consists of a single article 13. This article converts the usual socialist guarantees (housing, medical care, pensions, protection against unemployment, and so on) into a court-enforceable limitation on state power, which is after all one of the fundamental purposes of a constitution. Section IV makes provision for a symmetric and balanced federalism that would allow the Russian Federation to incorporate those features of its Federal Treaties dealing with its Republics, Autonomous Oblasts and Autonomous Okrugs into its constitutional structure. Section V-VII contain the usual provisions for a separation of powers system in which we give the president only one special power to resolve potential executive-legislative deadlock — the strong power of legislative initiative.
An earlier version of this constitution was published in Russian (Business World, March 20, 1993), but we cannot say that it has directly influenced the preparation of any official draft constitution for the Russian Federation. On the other hand, it has been widely read by various specialists and has had some influence on their thinking. |
| |
| Last updated on: 12/15/2006 |
| |
|
| |
|
| |
|
| |
|
| |
|
| |
|
| |
|
|
|
|