This document summarizes a journal article about parliamentary sovereignty in Russia and Great Britain. It discusses how parliamentary sovereignty originated to limit the power of feudal aristocracy but now serves to promote special interests over public interests. The document also examines two approaches to limiting parliamentary sovereignty - constitutional restrictions advocated by Buchanan and distributing power across different government bodies advocated by Hayek. Russia aims to move away from parliamentary sovereignty by ensuring all groups are represented and power is shared more broadly.
Possibilities for cooperation between the non-governmental, non-commercial se...Maciej Behnke
The model of three-sector synergy in a contemporary state rests on cooperation between the first (state) sector, the second (commercial) sector, and the third sector-the civil one, also referred to as the non-commercial sector. The quest for an optimal solution and the establishment of mutual relations is underpinned by the concept of the reorganization of Russian society with regard to its political modernization; this is accompanied by a variant of social agreement that guarantees citizens equality before the law, and the protection of their rights along with simultaneous compliance with the law. What complements the image of Russia's contemporary reality is the goal of non-governmental, non-commercial organizations-not only to survive but also to develop a modus vivendi in the circumstances of an authoritarian state.
The document summarizes the spread of anti-democratic practices across Europe and Eurasia in recent years. It notes that incumbent leaders in the region are undermining democratic institutions and norms to consolidate power, often learning from one another. Hungary and Poland have seen the most severe declines, systematically cracking down on the judiciary, media, civil society, and minorities. They have also begun exporting their anti-democratic models and justifications to other countries. Russia too has deepened its autocratic control, leaving democratic governance at its lowest point according to the report's measurements. Overall democracy has deteriorated in most countries covered by the Nations in Transit assessment over the past four years.
This document summarizes proposals from the Hong Kong Democratic Foundation regarding reforms to Hong Kong's electoral system for the 2017 Chief Executive election. It discusses alternative proposals for forming the Nominating Committee, the nominating process, requirements for candidates, and voting procedures. It also references discussions between the Foundation and other officials regarding how to balance universal suffrage with Hong Kong's status under the Basic Law and China's sovereignty. The goal is to find a democratic path forward that does not threaten China's control over Hong Kong or undermine the "one country, two systems" principle.
The document analyzes whether Russia's anti-gay propaganda law violates international human rights law. It begins with an overview of the law passed in 2013 banning the promotion of non-traditional sexual relations to minors. This has led to increased violence against the queer community in Russia. The document then reviews literature arguing the law violates rights to freedom of expression and assembly protected by treaties Russia has ratified. It also discusses cases where the European Court of Human Rights and UN Human Rights Committee found Russia in violation of protecting LGBT individuals from discrimination based on sexual orientation. The conclusion is that based on international legal precedent and treaty obligations, Russia's law and its effects likely constitute human rights abuses against the queer community under international law.
The results of the first decade of economic transition are very uneven and are distributed according to a sub-regional pattern. The group of "leading reformers" consists of middle-income countries of democratic capitalism of the Central Europe and Baltic region (CEB). The second group of less advanced reformers includes mainly lower- and lower-middle-income countries of the Commonwealth of Independent States (CIS) where both capitalism and democracy are still immature and sometimes heavily distorted.
This differentiation can be explained mainly by the adopted transition strategies and political factors determining them. Also the perspective of the European integration has played an important leveraging role. Fast reforms allowed for shortening the period of a temporary system vacuum, breaking down the inertia of the old system, and exploiting maximally the initial political window of opportunity.
The ability of individual countries to follow the effective (i.e. fast) reform strategy was determined by the scale of the initial political changes and further developments in the sphere of institutional and political reform. Generally, a very strong correlation between the progress in political and economic reforms could be observed.
Looking at the role of specific institutional solutions one must underline the advantage of the parliamentary or parliamentary-presidential regime over the presidential or presidential-parliamentary system. The former helped to build the transparent and relatively stable system of the political parties while the latter contributed to political fragmentation, irresponsible legislature and oligarchic capitalism.
Authored by: Marek Dabrowski, Radzislawa Gortat
Published in 2002
European Council on Foreign relations Policy Memory Ukraine after the Timoshe...Fund for Good Politics
The trial and sentencing of former Ukrainian Prime Minister Yulia Tymoshenko generated criticism and placed agreements between Ukraine and the EU in doubt. The memo argues the EU should pursue a dual approach: keep the agreements alive but don't formally sign them until Ukraine meets democratic standards, while also imposing sanctions on those responsible for democratic backsliding. President Yanukovych has rolled back democracy in Ukraine to consolidate power through tactics like tax intimidation and abusive trials of political opponents including Tymoshenko. The EU needs to both maintain pressure through red lines and sanctions, while also keeping agreements that matter for Ukraine's long term reform.
The document discusses three key challenges faced by national states in Europe due to globalization and European integration:
1. National states have lost some control over their economies as major corporations have moved operations to other countries and the EU has taken on more governance roles. This diminishes national autonomy.
2. There are pressures for policy and institutional convergence across countries, but the realities are more complex with continued divergence at the micro-level between countries.
3. Both globalization and European integration subject national corporations and policies to greater regulatory controls and competition between countries to attract businesses, creating tensions around balancing economic and regulatory goals.
Possibilities for cooperation between the non-governmental, non-commercial se...Maciej Behnke
The model of three-sector synergy in a contemporary state rests on cooperation between the first (state) sector, the second (commercial) sector, and the third sector-the civil one, also referred to as the non-commercial sector. The quest for an optimal solution and the establishment of mutual relations is underpinned by the concept of the reorganization of Russian society with regard to its political modernization; this is accompanied by a variant of social agreement that guarantees citizens equality before the law, and the protection of their rights along with simultaneous compliance with the law. What complements the image of Russia's contemporary reality is the goal of non-governmental, non-commercial organizations-not only to survive but also to develop a modus vivendi in the circumstances of an authoritarian state.
The document summarizes the spread of anti-democratic practices across Europe and Eurasia in recent years. It notes that incumbent leaders in the region are undermining democratic institutions and norms to consolidate power, often learning from one another. Hungary and Poland have seen the most severe declines, systematically cracking down on the judiciary, media, civil society, and minorities. They have also begun exporting their anti-democratic models and justifications to other countries. Russia too has deepened its autocratic control, leaving democratic governance at its lowest point according to the report's measurements. Overall democracy has deteriorated in most countries covered by the Nations in Transit assessment over the past four years.
This document summarizes proposals from the Hong Kong Democratic Foundation regarding reforms to Hong Kong's electoral system for the 2017 Chief Executive election. It discusses alternative proposals for forming the Nominating Committee, the nominating process, requirements for candidates, and voting procedures. It also references discussions between the Foundation and other officials regarding how to balance universal suffrage with Hong Kong's status under the Basic Law and China's sovereignty. The goal is to find a democratic path forward that does not threaten China's control over Hong Kong or undermine the "one country, two systems" principle.
The document analyzes whether Russia's anti-gay propaganda law violates international human rights law. It begins with an overview of the law passed in 2013 banning the promotion of non-traditional sexual relations to minors. This has led to increased violence against the queer community in Russia. The document then reviews literature arguing the law violates rights to freedom of expression and assembly protected by treaties Russia has ratified. It also discusses cases where the European Court of Human Rights and UN Human Rights Committee found Russia in violation of protecting LGBT individuals from discrimination based on sexual orientation. The conclusion is that based on international legal precedent and treaty obligations, Russia's law and its effects likely constitute human rights abuses against the queer community under international law.
The results of the first decade of economic transition are very uneven and are distributed according to a sub-regional pattern. The group of "leading reformers" consists of middle-income countries of democratic capitalism of the Central Europe and Baltic region (CEB). The second group of less advanced reformers includes mainly lower- and lower-middle-income countries of the Commonwealth of Independent States (CIS) where both capitalism and democracy are still immature and sometimes heavily distorted.
This differentiation can be explained mainly by the adopted transition strategies and political factors determining them. Also the perspective of the European integration has played an important leveraging role. Fast reforms allowed for shortening the period of a temporary system vacuum, breaking down the inertia of the old system, and exploiting maximally the initial political window of opportunity.
The ability of individual countries to follow the effective (i.e. fast) reform strategy was determined by the scale of the initial political changes and further developments in the sphere of institutional and political reform. Generally, a very strong correlation between the progress in political and economic reforms could be observed.
Looking at the role of specific institutional solutions one must underline the advantage of the parliamentary or parliamentary-presidential regime over the presidential or presidential-parliamentary system. The former helped to build the transparent and relatively stable system of the political parties while the latter contributed to political fragmentation, irresponsible legislature and oligarchic capitalism.
Authored by: Marek Dabrowski, Radzislawa Gortat
Published in 2002
European Council on Foreign relations Policy Memory Ukraine after the Timoshe...Fund for Good Politics
The trial and sentencing of former Ukrainian Prime Minister Yulia Tymoshenko generated criticism and placed agreements between Ukraine and the EU in doubt. The memo argues the EU should pursue a dual approach: keep the agreements alive but don't formally sign them until Ukraine meets democratic standards, while also imposing sanctions on those responsible for democratic backsliding. President Yanukovych has rolled back democracy in Ukraine to consolidate power through tactics like tax intimidation and abusive trials of political opponents including Tymoshenko. The EU needs to both maintain pressure through red lines and sanctions, while also keeping agreements that matter for Ukraine's long term reform.
The document discusses three key challenges faced by national states in Europe due to globalization and European integration:
1. National states have lost some control over their economies as major corporations have moved operations to other countries and the EU has taken on more governance roles. This diminishes national autonomy.
2. There are pressures for policy and institutional convergence across countries, but the realities are more complex with continued divergence at the micro-level between countries.
3. Both globalization and European integration subject national corporations and policies to greater regulatory controls and competition between countries to attract businesses, creating tensions around balancing economic and regulatory goals.
New Report Exposes Chinas Malign Influence And Corrosion Of Democracy Worldwi...MYO AUNG Myanmar
https://www.iri.org/resource/new-report-exposes-chinas-malign-influence-and-corrosion-democracy-worldwide IRI (INTERNATIONAL REPUBLICAN INSTITUTE) is the premier international democracy-development organization https://youtu.be/XhBUbbQyhxE New Report Exposes China's Malign Influence and Corrosion of Democracy Worldwide You are hereHome > New Report Exposes China's Malign Influence and Corrosion of Democracy Worldwide CHINESE MALIGN INFLUENCEAND THE CORROSION OF DEMOCRACY An Assessment of Chinese Interference in Thirteen Key Countries The report, entitled "Chinese Malign Influence and the Corrosion of Democracy," brings together research by experts from 12 vulnerable democracies — Cambodia, Pakistan, Sri Lanka, Serbia, Ecuador, Zambia, Mongolia, Hungary, The Gambia, Myanmar, Malaysia and the Maldives — and provides local perspectives on how China is impacting the politics and economics of these countries. https://www.iri.org/country/asia/details INTERNATIONAL REPUBLICAN INSTITUTE info@iri.org
This document discusses intellectual property rights protection in Russia and its impact on innovation and economic development. It examines the structure of the Russian economy and demand for research and development. It analyzes how IP laws have been modeled after foreign systems without considering Russia's unique needs. The document calls for a pragmatic assessment of how IP regulations have impacted the Russian economy and society. It also discusses balancing IP rights with competition policy and considers whether exceptions are needed in Russian antitrust law. The study was conducted by researchers from Skolkovo Foundation, Higher School of Economics, New York University, and University College London to provide a starting point for thoughtfully developing Russia's strategic vision for IP.
Civil Society Organizations (CSOs) developed Radiography of attacks against non-governmental organizations from the Republic of Moldova, which aimed at discrediting CSOs and deteriorating their environment for activity.
The document discusses democracy in Hong Kong and the author's experiences studying there. Some key points:
1) The author interned at an organization promoting Hong Kong democracy and witnessed the Legislative Council and protests.
2) The functional constituency system, where only half members are elected, is undemocratic.
3) While economic growth has occurred, democracy has declined as Beijing delays universal suffrage until 2017.
4) Issues like human rights, women's rights, and education have improved but the political system remains stagnant.
Judicial Corruption in Russia is widespread. For many years neither the Russian government or donor organizations were willing to candidly discuss this topic. This era has ended.
2010 Sais Russias Battle Against Corruption Updated April 3Ethan Burger
1. Dmitry Medvedev has launched reforms aimed at combating corruption in Russia, including overhauling the Interior Ministry, requiring officials to declare their incomes and assets, and increasing penalties for bribery.
2. However, some experts argue these efforts are still "toothless" without proper enforcement and oversight. Medvedev has replaced officials from power structures more aligned with Putin with his own appointees.
3. By expanding the role of the Audit Chamber, led by his ally Sergei Stepashin, Medvedev may be building an independent power base to curb corruption while circumventing bodies like the Investigative Committee. However, it remains unclear if this signals a
Israel's parliament was dissolved and early elections called for March after Prime Minister Netanyahu dissolved his governing coalition. In Kenya, the Islamist group al-Shabab killed 36 workers at a quarry, and the president declared a "war on terror" in response. An Egyptian court sentenced 188 people to death for an attack on a police station that killed 14 officers.
This document summarizes a research paper on immigration reform in the United States. It discusses challenges with the country's immigration policy and past efforts at reform. The paper reviews literature on the subject, including research by Nestor Rodriguez and Gyung-Ho Jeong analyzing factors that influence immigration legislation like public opinion and political negotiations. Both argue immigration reform is a complex issue with no clear solution. The document concludes that while progress has been made, balancing national security, economic impacts, and civil liberties will continue to make immigration reform difficult.
Camelia Ivanova - Censorship, regulations and other storiesMetamorphosis
The document discusses media freedom in Bulgaria based on a survey of journalists. It finds that journalists widely report political and economic pressure on their work, and many experience censorship or self-censorship. Regulations are inconsistently applied and often used to exert control over media coverage. Overall, the survey finds low levels of perceived media freedom among Bulgarian journalists.
An Appraisal of the Current State of Affairs in Nigerian Party Politicsinventionjournals
Nigeria, like many other African countries, has had its fair share of democratic challenges, but it has also recorded some achievement over the years. There have already been calls across the country for some adjustments and improvements on the way political parties are run and managed, in the years to come. This paper sets out to analytically x-ray some of the challenges currently bedevilling the structure and workings of the political parties in Nigeria with a view to repositioning the ideological root and value system that these political parties are driven by. Using the secondary data where information is gathered and the content of same analysed the paper tends to showcase the salient strength and weaknesses inherent in the Nigeria political party system. It concludes that the political parties in Nigeria have always had to grapple with challenges owing to the fact that the formation of the parties are built along faulty lines, chiefly among which is the lack of a clear cut ideology and proposes amongst others that party members begin to imbibe the spirit of sportsmanship by displaying some sense of direction towards establishing a robust party manifesto.
This document provides a summary of a dissertation on the struggle for democratic consolidation in Zambia. It begins with an introduction outlining that while Zambia has made democratic progress since 1991, democracy has not been fully consolidated. The dissertation will argue that socioeconomic factors like inequality and poverty significantly undermine democratic consolidation in Zambia. It reviews literature on democratic consolidation in Africa and Zambia specifically. The document then defines democratic consolidation as the establishment and long-term stability of democratic norms, laws, and institutions. It will examine how inequality and poverty increase corruption and weaken democratic institutions, preventing full consolidation in Zambia.
Non party caretaker government in bangladesh (1991-2001)Alexander Decker
This document discusses the concept and history of non-party caretaker governments, specifically analyzing Bangladesh's system from 1991-2001. It provides context on caretaker governments being established in other countries like the UK, India, and Pakistan to oversee elections. The document then analyzes the workings of Bangladesh's three caretaker governments during this period and argues that the system became a dilemma for democracy over time due to growing mistrust between political parties.
This document is a literature review examining how democratization and Europeanization have impacted corruption levels in Bulgaria. It begins with an overview of corruption during communism, noting it was prevalent and took the form of cronyism. Today, corruption remains a significant problem in Bulgaria as seen by its delayed EU accession and a major corruption scandal shortly after joining. The review will analyze arguments for and against democratization and EU accession reducing corruption, concluding powerful elites can manipulate reforms and a lack of clear mandates allows continued corruption.
The Economic Consultant is a quarterly peer-reviewed scientific journal.
Journal’s aim is to disseminate scientific research related to the actualization of modern socio-economic problems; to cover the latest achievements of socio-economic sciences; to consolidate the expert opinion on the problems of management development in the economic sphere.
The journal is a scientific consultant on effective public administration and regulation in various sectors of the social sphere and economy. It’s scope covers in management of innovations, labor and demographic economics, economics of education, social welfare, etc.
Observing Social Rights of Internally Displaced Persons (2017)DonbassFullAccess
This document provides a summary of research analyzing the protection of social rights for internally displaced persons (IDPs) in Ukraine as a result of the armed conflict in Eastern Ukraine. Some key findings include:
1) There is no accurate count of the total number of IDPs due to varying data reported by different state bodies. Official figures report over 1.5 million registered migrants or IDP families, but local authorities report different numbers.
2) Common problems reported by IDPs include arrears in pension and aid payments, difficulties obtaining housing or rental assistance, issues with registration of residence and subsidies, and housing utility costs.
3) Pension payments for residents of separatist-controlled areas are only granted from
The document analyzes the Palestinian political system after amendments were made to the Basic Law in 2003, which established a semi-presidential system. It begins by providing context on the drafting of the Palestinian Basic Law and describes how the original system was essentially presidential due to the powers held by President Arafat. In 2003, amendments were made under the Road Map plan to limit presidential power by establishing a Prime Minister. This created a dual executive similar to semi-presidential systems. The document goes on to describe semi-presidentialism in theory, including the two main models of premier-presidentialism and president-parliamentarism. It argues that while intended to create stability, the Palestinian semi-presidential system in practice maintained
This document analyzes the socio-economic impact of public spending in the Democratic Republic of Congo. It discusses how public spending is intended to guarantee economic and social stability, but the country's socio-economic situation has deteriorated with high unemployment, lack of infrastructure, and other issues. The document hypothesizes that public spending has had a negative impact in the DRC and explores possible strategies to make the impact positive. It outlines the methodology used, which includes legal and sociological methods as well as documentary research and questionnaires.
One of the first laws adopted by the new political leadership in Ukraine
in the aftermath of the Revolution of Dignity in 2014 was the new concept of local
governance reform and the organization of territorial authority in Ukraine. The aforementioned law, as well as official declarations by top politicians on the necessity of
empowering Ukrainian citizens to take part in the decision-making process and shape
their local communities, led to positive expectations regarding the transformation of
local governance in Ukraine. Therefore, this article addresses the issue of the legal
basis framing the functioning of civil society in Ukraine, focusing on major attempts
to conduct reform and on the main outcomes of implemented actions. Additionally,
emphasis is placed on the current state of cooperation between social and political
actors, and the trends in civil participation in the decision-making process regarding
decentralization and local governance reform in Ukraine.
Ben Duke - Keele University - European Journal of Interdisciplinary StudiesBen Duke
This document provides a literature review and theoretical framework for analyzing the relationship between constitutional reform, decentralization, and democratization. It defines key concepts like localism, decentralization, and regional autonomy. It also discusses how factors like a country's social, economic, political, and cultural context can influence the drive for reform and shape the democratic process and outcomes. The document presents examples from literature to illustrate debates around whether decentralization truly empowers citizens or is used by states to delay recognition of multi-national identities. It aims to provide a critical perspective on how resource allocation and social policies may change when new states form through various political processes.
New Report Exposes Chinas Malign Influence And Corrosion Of Democracy Worldwi...MYO AUNG Myanmar
https://www.iri.org/resource/new-report-exposes-chinas-malign-influence-and-corrosion-democracy-worldwide IRI (INTERNATIONAL REPUBLICAN INSTITUTE) is the premier international democracy-development organization https://youtu.be/XhBUbbQyhxE New Report Exposes China's Malign Influence and Corrosion of Democracy Worldwide You are hereHome > New Report Exposes China's Malign Influence and Corrosion of Democracy Worldwide CHINESE MALIGN INFLUENCEAND THE CORROSION OF DEMOCRACY An Assessment of Chinese Interference in Thirteen Key Countries The report, entitled "Chinese Malign Influence and the Corrosion of Democracy," brings together research by experts from 12 vulnerable democracies — Cambodia, Pakistan, Sri Lanka, Serbia, Ecuador, Zambia, Mongolia, Hungary, The Gambia, Myanmar, Malaysia and the Maldives — and provides local perspectives on how China is impacting the politics and economics of these countries. https://www.iri.org/country/asia/details INTERNATIONAL REPUBLICAN INSTITUTE info@iri.org
This document discusses intellectual property rights protection in Russia and its impact on innovation and economic development. It examines the structure of the Russian economy and demand for research and development. It analyzes how IP laws have been modeled after foreign systems without considering Russia's unique needs. The document calls for a pragmatic assessment of how IP regulations have impacted the Russian economy and society. It also discusses balancing IP rights with competition policy and considers whether exceptions are needed in Russian antitrust law. The study was conducted by researchers from Skolkovo Foundation, Higher School of Economics, New York University, and University College London to provide a starting point for thoughtfully developing Russia's strategic vision for IP.
Civil Society Organizations (CSOs) developed Radiography of attacks against non-governmental organizations from the Republic of Moldova, which aimed at discrediting CSOs and deteriorating their environment for activity.
The document discusses democracy in Hong Kong and the author's experiences studying there. Some key points:
1) The author interned at an organization promoting Hong Kong democracy and witnessed the Legislative Council and protests.
2) The functional constituency system, where only half members are elected, is undemocratic.
3) While economic growth has occurred, democracy has declined as Beijing delays universal suffrage until 2017.
4) Issues like human rights, women's rights, and education have improved but the political system remains stagnant.
Judicial Corruption in Russia is widespread. For many years neither the Russian government or donor organizations were willing to candidly discuss this topic. This era has ended.
2010 Sais Russias Battle Against Corruption Updated April 3Ethan Burger
1. Dmitry Medvedev has launched reforms aimed at combating corruption in Russia, including overhauling the Interior Ministry, requiring officials to declare their incomes and assets, and increasing penalties for bribery.
2. However, some experts argue these efforts are still "toothless" without proper enforcement and oversight. Medvedev has replaced officials from power structures more aligned with Putin with his own appointees.
3. By expanding the role of the Audit Chamber, led by his ally Sergei Stepashin, Medvedev may be building an independent power base to curb corruption while circumventing bodies like the Investigative Committee. However, it remains unclear if this signals a
Israel's parliament was dissolved and early elections called for March after Prime Minister Netanyahu dissolved his governing coalition. In Kenya, the Islamist group al-Shabab killed 36 workers at a quarry, and the president declared a "war on terror" in response. An Egyptian court sentenced 188 people to death for an attack on a police station that killed 14 officers.
This document summarizes a research paper on immigration reform in the United States. It discusses challenges with the country's immigration policy and past efforts at reform. The paper reviews literature on the subject, including research by Nestor Rodriguez and Gyung-Ho Jeong analyzing factors that influence immigration legislation like public opinion and political negotiations. Both argue immigration reform is a complex issue with no clear solution. The document concludes that while progress has been made, balancing national security, economic impacts, and civil liberties will continue to make immigration reform difficult.
Camelia Ivanova - Censorship, regulations and other storiesMetamorphosis
The document discusses media freedom in Bulgaria based on a survey of journalists. It finds that journalists widely report political and economic pressure on their work, and many experience censorship or self-censorship. Regulations are inconsistently applied and often used to exert control over media coverage. Overall, the survey finds low levels of perceived media freedom among Bulgarian journalists.
An Appraisal of the Current State of Affairs in Nigerian Party Politicsinventionjournals
Nigeria, like many other African countries, has had its fair share of democratic challenges, but it has also recorded some achievement over the years. There have already been calls across the country for some adjustments and improvements on the way political parties are run and managed, in the years to come. This paper sets out to analytically x-ray some of the challenges currently bedevilling the structure and workings of the political parties in Nigeria with a view to repositioning the ideological root and value system that these political parties are driven by. Using the secondary data where information is gathered and the content of same analysed the paper tends to showcase the salient strength and weaknesses inherent in the Nigeria political party system. It concludes that the political parties in Nigeria have always had to grapple with challenges owing to the fact that the formation of the parties are built along faulty lines, chiefly among which is the lack of a clear cut ideology and proposes amongst others that party members begin to imbibe the spirit of sportsmanship by displaying some sense of direction towards establishing a robust party manifesto.
This document provides a summary of a dissertation on the struggle for democratic consolidation in Zambia. It begins with an introduction outlining that while Zambia has made democratic progress since 1991, democracy has not been fully consolidated. The dissertation will argue that socioeconomic factors like inequality and poverty significantly undermine democratic consolidation in Zambia. It reviews literature on democratic consolidation in Africa and Zambia specifically. The document then defines democratic consolidation as the establishment and long-term stability of democratic norms, laws, and institutions. It will examine how inequality and poverty increase corruption and weaken democratic institutions, preventing full consolidation in Zambia.
Non party caretaker government in bangladesh (1991-2001)Alexander Decker
This document discusses the concept and history of non-party caretaker governments, specifically analyzing Bangladesh's system from 1991-2001. It provides context on caretaker governments being established in other countries like the UK, India, and Pakistan to oversee elections. The document then analyzes the workings of Bangladesh's three caretaker governments during this period and argues that the system became a dilemma for democracy over time due to growing mistrust between political parties.
This document is a literature review examining how democratization and Europeanization have impacted corruption levels in Bulgaria. It begins with an overview of corruption during communism, noting it was prevalent and took the form of cronyism. Today, corruption remains a significant problem in Bulgaria as seen by its delayed EU accession and a major corruption scandal shortly after joining. The review will analyze arguments for and against democratization and EU accession reducing corruption, concluding powerful elites can manipulate reforms and a lack of clear mandates allows continued corruption.
The Economic Consultant is a quarterly peer-reviewed scientific journal.
Journal’s aim is to disseminate scientific research related to the actualization of modern socio-economic problems; to cover the latest achievements of socio-economic sciences; to consolidate the expert opinion on the problems of management development in the economic sphere.
The journal is a scientific consultant on effective public administration and regulation in various sectors of the social sphere and economy. It’s scope covers in management of innovations, labor and demographic economics, economics of education, social welfare, etc.
Observing Social Rights of Internally Displaced Persons (2017)DonbassFullAccess
This document provides a summary of research analyzing the protection of social rights for internally displaced persons (IDPs) in Ukraine as a result of the armed conflict in Eastern Ukraine. Some key findings include:
1) There is no accurate count of the total number of IDPs due to varying data reported by different state bodies. Official figures report over 1.5 million registered migrants or IDP families, but local authorities report different numbers.
2) Common problems reported by IDPs include arrears in pension and aid payments, difficulties obtaining housing or rental assistance, issues with registration of residence and subsidies, and housing utility costs.
3) Pension payments for residents of separatist-controlled areas are only granted from
The document analyzes the Palestinian political system after amendments were made to the Basic Law in 2003, which established a semi-presidential system. It begins by providing context on the drafting of the Palestinian Basic Law and describes how the original system was essentially presidential due to the powers held by President Arafat. In 2003, amendments were made under the Road Map plan to limit presidential power by establishing a Prime Minister. This created a dual executive similar to semi-presidential systems. The document goes on to describe semi-presidentialism in theory, including the two main models of premier-presidentialism and president-parliamentarism. It argues that while intended to create stability, the Palestinian semi-presidential system in practice maintained
This document analyzes the socio-economic impact of public spending in the Democratic Republic of Congo. It discusses how public spending is intended to guarantee economic and social stability, but the country's socio-economic situation has deteriorated with high unemployment, lack of infrastructure, and other issues. The document hypothesizes that public spending has had a negative impact in the DRC and explores possible strategies to make the impact positive. It outlines the methodology used, which includes legal and sociological methods as well as documentary research and questionnaires.
One of the first laws adopted by the new political leadership in Ukraine
in the aftermath of the Revolution of Dignity in 2014 was the new concept of local
governance reform and the organization of territorial authority in Ukraine. The aforementioned law, as well as official declarations by top politicians on the necessity of
empowering Ukrainian citizens to take part in the decision-making process and shape
their local communities, led to positive expectations regarding the transformation of
local governance in Ukraine. Therefore, this article addresses the issue of the legal
basis framing the functioning of civil society in Ukraine, focusing on major attempts
to conduct reform and on the main outcomes of implemented actions. Additionally,
emphasis is placed on the current state of cooperation between social and political
actors, and the trends in civil participation in the decision-making process regarding
decentralization and local governance reform in Ukraine.
Ben Duke - Keele University - European Journal of Interdisciplinary StudiesBen Duke
This document provides a literature review and theoretical framework for analyzing the relationship between constitutional reform, decentralization, and democratization. It defines key concepts like localism, decentralization, and regional autonomy. It also discusses how factors like a country's social, economic, political, and cultural context can influence the drive for reform and shape the democratic process and outcomes. The document presents examples from literature to illustrate debates around whether decentralization truly empowers citizens or is used by states to delay recognition of multi-national identities. It aims to provide a critical perspective on how resource allocation and social policies may change when new states form through various political processes.
The Banning of Extremist Political Parties as a Measures of Neo-Militant Demo...Maciej Skrzypek
The paper aims to determine which political parties in post-communist countries were considered hostile to
the system and evaluate the systems' capacity to eliminate their enemies with political party banning. The
analysis overs Bulgaria, Czech Republic, Estonia, Lithuania, Latvia, Poland, Romania, Slovakia, and
Hungary. The study covers the period from their democratization to 2020.
“We are hope, you are the eternal khan.” Authoritarian regimes and protest op...Przegląd Politologiczny
This document analyzes the political determinants of opposition and protest in Central Asia's authoritarian regimes. It finds that more repressive regimes provide fewer opportunities for traditional protest, sometimes limiting opposition to online activism. Using case studies of countries like Turkmenistan, Uzbekistan, Tajikistan, Kazakhstan, and Kyrgyzstan, it argues protest opportunities depend on a regime's respect for political rights and tolerance of opposition. Kyrgyzstan stands out as the only country where regime change resulted from protests in 2005 and 2010, making its political system more hybrid than other strictly authoritarian Central Asian states.
This document summarizes a research article that examines when and why businessmen run for public office. The authors develop a formal model showing that public policy and businessman candidacy are jointly determined by the strength of democratic institutions. When institutions that hold elected officials accountable to voters are strong, businessmen receive little preferential treatment regardless of who holds office, and are less inclined to run for office. However, when such accountability institutions are weak, businessmen can more easily influence policy without holding office but may choose to run for office to avoid lobbying costs. The authors test predictions of this model using data on gubernatorial elections in Russian regions and find support for the idea that businessman candidates are more likely to emerge when accountability institutions like media freedom and government transparency are
International Journal of Engineering Research and Applications (IJERA) is an open access online peer reviewed international journal that publishes research and review articles in the fields of Computer Science, Neural Networks, Electrical Engineering, Software Engineering, Information Technology, Mechanical Engineering, Chemical Engineering, Plastic Engineering, Food Technology, Textile Engineering, Nano Technology & science, Power Electronics, Electronics & Communication Engineering, Computational mathematics, Image processing, Civil Engineering, Structural Engineering, Environmental Engineering, VLSI Testing & Low Power VLSI Design etc.
The Origin of the non-governmental sector in Russia during the presidencies o...Maciej Behnke
Apart from the public (first) and business (second) sectors, the third sector is one
of the pillars constituting the modern democratic society. All the social interests
are concentrated within the third sector and they are being implemented by the
numerous non-governmental organizations cooperating with the state as well
as business world. The birth of the third sector in Russia can be associated with
the beginning of Mikhail Gorbachev reforms called the perestroika. The mental
changes that the Russian society underwent influenced by the policy of glasnost
led to the origin of public involvement into the social and political life, taking
upon the role of the often ineffective state. The degree to which the citizens were
involved in the activity of the NGOs was first of all associated with their quality
of life and it depended on the attitude of the decision-makers towards the idea
of social organizations. The time of Boris Yeltsin presidency was characterized
by two phenomena: a drop in the standard of living accompanied by the
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Parliamentary sovereignty in the modern legal policy in the russian federation and great britain
1. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.14, 2013
14
Parliamentary Sovereignty in the Modern Legal Policy in the
Russian Federation and Great Britain
Alexey Anisimov1*
Alexander Melikhov2
1. Chair of Civil Law and Procedure, Volgograd Institute of Business, 63, Kachintsev street, Volgograd, 400010,
Russian Federation
2. Chair of Constitutional and administrative law, Volgograd Academy of the Ministry of Interior of Russia, 130,
Historic street, Volgograd, 400089, Russian Federation
* E-mail of the corresponding author: anisimovap@mail.ru
Abstract
As far back as in the “public choice theory” of J. Buchanan and F.A. Hayek an attempt to figure out the causes of
distortion of a democratic ideal and evolving of law into a corruption outrage was made. This trend was
explained by the fact that at the early stages of the people’s power development the acknowledgement of
parliamentary power supremacy was a coercive measure that was useful for the new statehood. The existence of
parliamentary sovereignty in Great Britain and then in other European countries was initially stipulated by the
fight of the bourgeoisie having gained political power and needing an absolute independence of the parliament
with the feudal absolutism, then by the resistance between the bourgeoisie and the working class.
In the modern world there is no such a correlation of classes, because the estates bounds are removed and the
living standards are evened. The social basis for a democratic state is the middle class. The main purpose of the
state is to provide itself with nationwide support. The last one is required taking account of the growth of
extremism and the appearance of various revolutionary studies calling for a forcible change of regime and an
establishment of totalitarian dictatorship under socialist, nationalist and other slogans. Along with this, the
number of advocates of such radical methods in the world increases from year to year.
Keywords: Parliamentary sovereignty; public choice; competition; bodies of power; federalism; system of
restrictions.
1. Introduction
In spite of the existence of all the mechanisms and attributes of modern democratic states in Russia for more than
20 years already, essentially renewed legislation (civil, criminal, land, etc.), and declaration of policy for stability
in all spheres of social and governmental life, the problem of improving Russian citizens’ living standards still
remains. Further development of democracy, enhancement of citizens’ legal safety, and equitable distribution of
incomings from the exploitation of natural resources are supposed to play an important role in solving this
problem.
However, there are still some problems on this way. One of them is the corruptibility of a series of Russian laws,
that was repeatedly mentioned by the leaders of the Russian state. Thus, in 2010 D.A. Medvedev pointed out in
his Address to the RF Federal Assembly that “the situation has already overstepped the bounds of common sense.
At a conservative estimate, inappropriate expenses including stealing, kickbacks, and other inappropriate
expenses amount to not less than one trillion Russian rubles. That is why it’s time to start working on the new
version of the law on state purchases, the more thought-out and up-to-date one” (Address of President of the
Russian Federation D.A. Medvedev to the RF Federal Assembly).
It is noteworthy that in 2010 D.A. Medvedev spoke of the law, the lack of which caused the state’s thumping
losses, that was officially confirmed by the RF Accounts Chamber’s survey. Along with this, regardless of such
a clearly stated position of the Head of State, the law was passed only two years and four months later – on April
5, 2013.
There is no official statistics regarding the state’s losses and, at the same time, lobbyists’ “incomings” from the
operation of other federal laws. In the meanwhile, for instance, Article 4 of the Federal Law “On the circulation
of agricultural lands” No. 101-FZ passed on July 24, 2002 ignores public opinion about the inadmissibility of
creating land latifundia and admits that all the agricultural areas of a municipal district can be owned by a
maximum of 10 proprietors. It provided quite preferential terms for large landowners to purchase them and
eliminated the major part of their competitors – small entrepreneurs, i.e. farmers. It is hard to imagine that after
all the parliamentary discussions around the draft Land Code, this standard has appeared “for no particular
reason” – due to the carelessness of the RF State Duma deputies.
In the meanwhile, the necessity to fight corruption by improving the current legislation, that was mentioned by
D.A. Medvedev, is specific not only for the Russian Federation. This problem of “teething troubles” had already
been overcome (and solved) by European countries and the USA and studied in their social sciences.
It explains more frequent referring of prominent Russian constitutionalists (B.S. Ebzeev, 1992; G.A. Gadzhiev,
2. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.14, 2013
15
2004) to the works of foreign economists, in particular J. Buchanan (1997) and F.A. Hayek (1990). Their “public
choice theory” explaining the causes of distortion of a democratic ideal and evolving of law into a corruption
outrage was acknowledged by leading countries in the world and won the Nobel Prize.
Unfortunately, the public choice theory is not well-known among Russian scholars including representatives of
legal science.
The use of methodology and terminology of political and economic science in Russian legal studies is yet to gain
momentum. In the meantime, the application of these interscientific methods allows a more profound analysis of
the whole variety of social phenomena and processes. The necessity of such an approach was emphasized by S.V.
Polenina (1996), who pointed out that “the scientific foundation of legislation supposing the application of
different fields of knowledge (philosophy, political science, jurisprudence, social science, mathematics, etc.) in
the law-making process must be related to all stages of the legislative process. This is because science is
intended to be a generator of new ideas about the development of legislation and ways of its renewal.” Among
other representatives of this methodology there are also M.Y. Chelyshev (2010), G.N. Chebotarev and A.A.
Mishunin (2009), A.Y. Chikildina (2010), and so on.
The interpenetration of economic and legal sciences gave rise to a series of new lines of research in
constitutional law. Firs of all, this is the “economic constitution” and, as a consequence, the creation of
constitutional economy (Z.Z. Bilalova, 2010). It appears that it is the use of interscientific methods that will
allow Russian legal science to get to a new level. The economic and political analysis of the legal basis of
democracy is the most objective. It helps figure out the real causes of the existing state legal system inefficiency,
while legal science considers it to be a result of shortcomings of legal standards or their inappropriate application.
The issue of parliamentary sovereignty, in particular its negative impact on the state of democracy, is not
sufficiently studied not only in Russian constitutional law (N.I. Shaklein, 2008), but also in jurisprudence on the
whole. The parliamentary sovereignty is mentioned only by Russian researchers of history of English
parliamentarism (I.A. Dudko, 2005) as well as by constitutionalists in view of the general traditional positive
trend to enhance the legislative power and invest it with new functions, for instance, in the form of a
parliamentary control (A.A. Kornilaeva, 2002) or a parliamentary investigation (D.B. Troshev, 2008) in order to
prevent the executive power enhancement. Along with this, the independence and broad powers of the legislative
power are traditionally considered by Russian constitutionalists as a positive phenomenon.
Consequently, the purpose of this study is to find out informative aspects of the parliamentary sovereignty theory
in science and practice of European countries as well as to outline those positive issues of this practice which
should be taken into account in Russia.
2. The main provisions of the parliamentary sovereignty theory
In his Nobel lecture J. Buchanan considered economic relations in the context of the state legal sphere and
formulated a public choice theory studying various ways and methods for people to take advantage of
governmental institutions. According to this theory, corruption is determined by human nature. A natural desire
of a certain person to act in a rational way (i.e. on an economically feasible basis) and stand out from others (get
promoted at work or get incentives on performance) is typical for all types of human activities including public
service, that initially runs counter to the interests of service. That is why “…when making political and
governmental decisions, a person judges by comparing additional benefits and extra costs. Additional benefits of
a politician are not only material. They also imply boosting his prestige and fame, expanding the sphere of his
power, the possibility to go down in history and be remembered by the people. Extra expenses are related to the
loss of connections with friends and the reduction of spare time, the impossibility to afford some pleasures and
enjoyments of life that ordinary people can have…” (Economics. Part 2: Textbook for lawyers, p. 38).
From this point of view based on typical human qualities, “…the state is an arena for competition of private
interests to win influence on decision-making, access to distribution of resources, and positions in the social
ladder.” (R. Nuriev, 1997, pp. 454-455).
It appears that even a state machinery democratically chosen to provide public interests eventually acts in the
name of a great number of private interests. In this context P. Heyne points out, “However exalted, generous and
disinterested the official goals of a governmental institution are, its every-day activities are determined by
decisions that are made by mere mortals under the influence of stimuli that are very similar to those acting in the
private sector” (P. Heyne, 1997). In this regard, advocates of the public choice theory (J. Buchanan, P. Heyne,
F.A. Hayek) do not consider bodies of state power even divided into legislative, executive and judicial branches,
and, moreover, so currently significant “forth estate” (mass media) to be ideal bodies of power the only and
exceptional purpose of which is to improve the population’s wellbeing.
In Friedrich von Hayek’s reasonable opinion, democratic institutes were established for the administration needs
and not for the legislation ones. Under democracy they initially understood not even the content of
administration but only a form (or a procedure) of decision-making. This form had nothing to do with the
3. Journal of Law, Policy and Globalization www.iiste.org
ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)
Vol.14, 2013
16
administration goals and means of their achievement. With the course of time, however (not without the
influence of the English tradition), the representative assembly (parliament) acquires not only the supreme power
but also the unrestricted power in society. It means that it is the parliamentary sovereignty principle that
dominates in society (R. Nuriev, 1997, pp. 476-478). However, in the modern world, particularly in Russia, the
constitutions declare the principles of state or popular sovereignty but not the parliamentary sovereignty
principle.
The parliamentary supremacy principle was formulated by the English lawyer, constitutionalist Albert Dicey
when characterizing a high role and importance of the British parliament in the system of bodies of state power
after the revolution of 1688. It provided the basis for the so called Westminster system of parliamentarism. In
England the parliamentary sovereignty was established due to the tough rules, according to which the parliament
possesses the overall authority “to pass or not to pass any, whatsoever law” (A. Dicey, 1965; P. Hogg, 1985) in
“the absence of whatsoever legal restrictions in the process of preparation and adoption of laws” (K. Eddey,
1987).
Today the parliamentary sovereignty in the West draws criticism from different sides. During the whole 20th
century in the native land of the most severe parliamentarism the trends toward a gradual renunciation of the
parliamentary sovereignty principle and an enhancement of executive power can be seen (the Parliament Act
1911, the Parliament Act 1949, the Life Peerages Act 1958, and so on up to the 1997 labor reform).
The mentioned trend is determined by the fact that at the early stages of the people’s power development within
the country the acknowledgement of parliamentary power supremacy was a coercive measure that was useful for
the new statehood. The existence of parliamentary sovereignty in England and then in France and other
European countries was initially stipulated by the fight of the bourgeoisie having gained political power and
needing an absolute independence of the parliament with the feudal absolutism, then by the resistance between
the bourgeoisie and the working class. However, nowadays there is no such a correlation of several classes,
because the estates bounds are removed and the living standards are evened. The social basis for a democratic
state is the middle class. The main purpose of the state is to provide itself with nationwide support. It is
necessary taking account of the growth of extremism and the appearance of various revolutionary studies calling
for a forcible change of regime and an establishment of totalitarian dictatorship under socialist, nationalist and
other slogans. Along with this, the number of advocates of such methods increases from year to year.
To prove our statements, the opinion of contemporary German constitutionalists can be given, “The
parliamentary sovereignty… denies the current priority of the Constitution. It allows the parliamentary majority
to neglect the protection of the minority rights that must be provided by a democratic state, i.e. it is incompatible
with democratic principles…” (A.V. Kryazhkov, 1999).
The necessity to represent the interests of all the population strata in legislative bodies of power is declared by
political leaders of Russia. Thus, D.A. Medvedev emphasized that “the political system of any configuration
must be constructed in such a way that the opinions of all the social groups including the smallest ones would be
clearly heard and taken into account. Ideally the voice of each person must be taken into consideration. In this
respect, the system must be transparent and responsive toward any individual. Everyone must be aware that he
has like-minded people in representative bodies of power. By the way, this is the main idea of representative
democracy – when someone represents the interests of a significant number of people” (Video blog of Dmitry
Medvedev, November 23, 2010).
We suppose that in modern society the premises of the existence of parliamentary sovereignty as a means to
restrict access of undesirable groups of the population (feudal aristocracy, working class) to decision-making in
the legislative sphere through the election system have been lost. In this regard, the meaning of parliamentary
sovereignty has changed and begun working against the state. It doesn’t allow the representation of interests of
the whole population and replaces them with corporate interests of parliamentarians. That is why the most
important goal of modern Russia is to drift away from the parliamentary sovereignty, develop the true rule of the
people by distributing and demonopolizing the power, and expand the social basis of the state.
However, in the opinion of representatives of the public choice theory and some foreign scholars, to prevent the
distortion of democratic values as a result of the presence of private interests in any state legal phenomenon and
natural human pursuits to act in a rational way, any power needs to be restricted – “any power… must be
restricted, especially the democratic one. The almighty democratic government due to the absoluteness of its
power becomes a toy in the hands of organized interests, since it has to please them in order to provide a
majority for itself” (F.A. Hayek, 1990).
3. Ways of overcoming the parliamentary sovereignty
3.1. Theory of the issue and practice in Russia
In the works of the public choice theory founding fathers two ways of overcoming the parliamentary sovereignty
can be found. They can be conditionally called “principled” (J. Buchanan) and “organizational” (F.A. Hayek). J.
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Buchanan considered constitutional principles and rules fixing such a macroeconomic model that couldn’t be
evaded by politicians-legislators to be the main direction of fighting the parliamentary sovereignty tendency. It
also implied the creation of the system of effective control over them from the side of all the participants of
public relations (J. Buchanan, G. Tullock, 1962). In our study this problem should be interpreted in a broader
way in order not to allow the politicians to distort the order within the country the people are satisfied with, that
was enshrined in the Constitution of the Russian Federation adopted in 1993.
The Constitution and principles of law formed as a result of reaching a social compromise are the component
that represents the values and interests of society and doesn’t allow parliamentarians to drift away from them in
the current legislation. In such a way it restricts their monopolism. In case of non-conformity to the Constitution
and principles of law in the law-making process, the interests of society in the current legislation are replaced
with the interests of parliamentarians and their lobbyists. This trend causes a burst of corruption as well as a new
wave of disputes about the correlation of law and legislation, the spirit and the letter of law in theory of law (M.I.
Baytin, 2001; G.V. Maltsev, 1999; V.A. Chetvernin, 1997; O.V. Martyshin, 2006; V.A. Muravsky, 2005; T.N.
Radko and N.T. Medvedeva, 2005; V.A. Tolstic, 2008). In fact there is an obvious conflict between the idea
enshrined in the principles of law and its turning into reality of the legislation by the parliament.
It should be noted that the RF Constitutional Court acquires an increasing significance in the state mechanism. It
is the RF Constitutional Court that plays a dominant role in providing the balance between the interests of
branches of power stipulated by the Constitution. The professor of Goettingen University, the former judge of
the Federal Constitutional Court of the Federal Republic of Germany Hans H. Klein referred to the main
tendency of the modern democracy development as “from the legal state to the constitutional state”. The
theoretician and practician of constitutional law reasonably points out that “the constitutional development has
already renounced radical democratic positions. The modern democracy appears to be… the constitutional-legal,
tame democracy. It is necessary to provide the balance of powers that is based on the superiority of making a
political decision by the parliament and the government, on the one hand, and the competence of the
Constitutional Court to make a final decision on the interpretation of the Constitution, on the other hand” (A.V.
Kryazhkov, 1999).
The Constitutional Court of the Russian Federation has continually supported the policy of the RF Federal
Assembly on the enhancement of its parliamentary sovereignty in the confrontation between federal and regional
parliamentarians. Thus, the autonomy of the RF constituent entities enshrined in the RF Constitution is quite
restrictively interpreted in the practice of the RF Constitutional Court. The federal legislator took a stand against
even such token issues as the use of the Latin alphabet for national languages of the republics (the choice of an
official language is the right guaranteed by Article 68 of the RF Constitution that must involve the choice of a
language of writing) and won support of the RF Constitutional Court.
One more vivid manifestation of parliamentary sovereignty of the federal power undermining the foundations of
federalism, i.e. the violation of the constitutional principle of unity of the system of state power (Part 3 Article 5
of the RF Constitution), is that since 1997 (since 1999 in a full scale) the supervision over the conformity of the
RF constituent entities’ legislation to the federal legislation has been carried out in the practice of the Public
Prosecutor’s Office of the Russian Federation. However, there is no reverse supervision, i.e. over the
compliance of the statutory framework with the legislation of the RF constituent entities.
This practice was established on the basis of “moving” the RF constituent entities’ laws from the category of
“laws”, as they were understood earlier, to the category of “legal acts passed by the RF constituent entities’
representative (legislative) and executive bodies of state power.” Besides, the Constitution of the Russian
Federation determines the “belonging” of the RF constituent entity’s law to the public-territorial entity as a
whole and not to any body of state power of the RF constituent entity (Part 2 Article 5, Part 4 Article 76). The
mentioned prosecutor’s practice is an atavism of the Soviet system of state structure, in which territories and
regions were not acknowledged as equal constituent entities of the Federation (A.Z. Enikeev, 2007).
The policy of “non-acknowledgement” of the regional rule-making results as part of the Russian legislation
system was continued in the federal judicial system activity. Thus, in the resolution of the Presidium of the
Supreme Arbitration Court of the Russian Federation No. 17468/08 passed on April 14, 2009 it was indicated
that “acts of bodies of executive power of the Russian Federation constituent entity in virtue of Article 3 of the
Civil Code of the Russian Federation do not belong to legal acts containing regulations of civil law. That is why
the non-conformity of a deal to these acts is not a ground for acknowledging it as invalid on the basis of Article
168 of the RF Civil Code.” The given facts prove that the federal legislator has overcome the last
“organizational” barrier splitting up the legislative power horizontally and vertically. It led to the establishment
of the principle of not popular but parliamentary sovereignty in Russia that is typical for European democracies
of the 17th
-19th
centuries.
3.2. Practice of constitutional reform in Great Britain and the necessity of its application in Russia
As a counter to the current trends toward the legislative power monopolization at the federal level in Russia, in
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Great Britain since 1997 the labor party has begun conducting reforms directed at changing the position of the
parliament in the state mechanism. The decline of the role and status of the parliament as a body of state power
and the increasing political apathy were among the causes of constitutional reforming in Great Britain. The
constitutional reforms conducted in Great Britain resulted in the increase in the number of factors providing the
restriction of the parliament from the side of society.
First of all, it is related to the development of practice of referendum application on the most important issues of
the social life. It began acquiring a status of political tradition, because, in the reasonable opinion of English
reformers, the popular sovereignty is considered to be the main restricting factor of the parliamentary
sovereignty. As opposed to this trend, in Russia the institute of referendum is almost never used.
Moreover, in the Russian electoral system the election of a deputy is connected directly with the party, while in
Great Britain a new type of parliamentarians is being formed. These parliamentarians as representatives of a
corresponding district and the people place a priority on their obligations and not on the party loyalty interests.
Taking into account that the majority electoral system based on the relative majority method doesn’t reflect the
real state of affairs anymore, and the existence of two strong parties doesn’t express the opinions of all the voters,
in Great Britain the transition to the system with proportionality elements was initiated. It was applied in the
regional elections in Scotland, Wales, Northern Ireland, and London. It was also used in the European
Parliament elections. The reform was marked by the establishment of representative bodies in three large regions
of Great Britain (Scotland, Wales, and Northern Ireland). It proves the regionalization to be an effective means
of counteracting against the parliamentary sovereignty (I.V. Kasymov, 2010).
In Russia, on the contrary, one can see the profanation of the idea of regional parliaments as well as the system
of knowingly inefficient appointment of a governor by the RF President. As a rule, such a governor is not always
well-known to the population of the region and not often distinguished by any special achievements. The
attempts to discuss half-way decisions that the issue of the direct election of governors or their continued
appointment should be left to the discretion of legislative bodies of the RF constituent entities are also
groundless. In all the RF constituent entities the qualified majority of seats in the regional parliament are taken
by representatives of the United Russia party ruled directly from the Kremlin and also having the right to vote.
4. Conclusions
1) as far back as in the “public choice theory” of J. Buchanan and F.A. Hayek an attempt to figure out the causes
of distortion of a democratic ideal and evolving of law into a corruption outrage was made. This trend was
explained by the fact that at the early stages of the people’s power development the acknowledgement of
parliamentary power supremacy was a coercive measure that was useful for the new statehood. The existence of
parliamentary sovereignty in England and then in France and other European countries was initially stipulated by
the fight of the bourgeoisie having gained political power and needing an absolute independence of the
parliament with the feudal absolutism, then by the resistance between the bourgeoisie and the working class.
2) in the modern world there is no “feud between classes”, because the estates bounds are removed and the living
standards are evened. The social basis for a democratic state is the middle class. The main purpose of the state is
to provide itself with nationwide support. The last one is necessary taking account of the growth of extremism
and the appearance of various revolutionary studies calling for a forcible change of regime and an establishment
of totalitarian dictatorship under socialist, nationalist and other slogans. Along with this, the number of
advocates of such radical methods in the world increases from year to year.
3) in modern society the premises of the existence of parliamentary sovereignty as a means to restrict access of
undesirable groups of the population (feudal aristocracy, working class) to decision-making in the legislative
sphere through the election system have been lost. In this regard, the meaning of parliamentary sovereignty has
changed and begun working against the state. It doesn’t allow the representation of interests of the whole
population and replaces them with corporate interests of parliamentarians. There is a vital necessity to drift away
from the parliamentary sovereignty, transit to the true rule of the people by distributing and demonopolizing the
power, and expand the social basis of the state. In Great Britain the legislator took measures to fight the
parliamentary sovereignty that are of particular interest to science and practice in Russia, the parliament of which
represents the population’s interests less and less from year to year. One of possible ways to expand the rule of
the people in Russia could be the institute of referendum that is still used in no way, in spite of the formal
proclamation.
References
a) official materials
1. Video blog of Dmitry Medvedev, November 23, 2010 “Our democracy is not perfect, we know it fully well.
But we make progress.” Follow this link to see the full text of the video address:
http://blog.kremlin.ru/post/119/transcript
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2. The Law of the Russian Federation “On the circulation of agricultural lands” No. 101-FZ passed on July 24,
2002 // Legislation Bulletin of the Russian Federation, 2002, No. 30, p. 3018.
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Federation, November 30, 2010 (electronic resource). The Garant legal reference system, 2013.
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c) books in English
33. Buchanan, J., Tullock, G. (1962) The Calculus of Consent: Logical Foundations of Constitutional
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34. Dicey, A. (1965) The Law of the Constitution. 10-th ed. L., 39.
35. Eddey, К. (1987) The English Legal System. L., 1987, 115.
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First Author
Alexey Pavlovich Anisimov (1972) has a degree of Doctor of Science in Law. He teaches Land Law and
Environmental Law in Volgograd Institute of Business and Volgograd State University. His scientific interests
focus on search for balance between private and public interests in the sphere of property as well as on analysis
of interaction between various areas of social sciences (law, politics, and philosophy). In his research Professor
Anisimov pays great attention to the historical-legal and comparative-legal analysis of land relations, the study
of European countries’ experience and prospects of its use in the legislation of Russia and member countries of
the Commonwealth of Independent States. Alexey P. Anisimov is a co-author of textbooks for bachelors in land
law and environmental law and comments to land laws of Russia. He not only works with students but also is
involved in the legal practice rendering consulting services to representatives of Russian small businesses on the
problems of land law.
Second Author
Alexander Ivanovich Melikhov (1979) has a degree of Candidate of Science in Law. He teaches Constitutional
Law, Public Service in Law Enforcement Agencies, and Land Law in the Volgograd Academy of the Ministry of
Interior of Russia and Volgograd Institute of Business. His scientific interests focus on the study of intersectoral
connections between areas of Russian law and a mechanism of ensuring national security of the Russian
Federation. In his research Alexander Melikhov pays great attention to the historical-legal and comparative-legal
analysis of power relations, the study of foreign countries’ experience and prospects of its use in the legislation
of Russia. He is an author of scientific and teaching materials devoted to the constitutional regulation of the
private property right to plots of land in Russia and abroad. He is also a co-author of textbooks for higher
educational institutions of the Ministry of Interior of Russia on the issues of ensuring national security and
organizing research activities. Students under the guidance of Alexander Melikhov have repeatedly won all-
Russian scientific competitions held by the Ministry of Education and the Ministry of Interior of Russia.
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