The Influences of the West on the 1993 Russian Constitution

55 Pages Posted: 27 Jul 2012

See all articles by Victoria L. Schwartz

Victoria L. Schwartz

Pepperdine University - Rick J. Caruso School of Law

Date Written: January 6, 2009

Abstract

This Article explores the process of constitution writing by looking at a case study of the 1993 Russian Constitution. Building on first-hand interviews with contributors to and framers of the 1993 Russian Constitution, the Article considers the extent to which idea transfer played a role in the development of that constitution. It first explores how Western ideas generally came to influence the Russian framers, identifying the primary cause as internally driven by the Russian framers themselves, rather than an external imposition. It also examines Western influences on particular portions of the constitution, specifically the structure of government, federalism, and the bill of rights. It concludes that the contemporary political situation within Russia explains the particular Western ideas chosen by the framers of the 1993 Russian Constitution.

Keywords: Russia, constitution, comparative, idea transfer

Suggested Citation

Schwartz, Victoria, The Influences of the West on the 1993 Russian Constitution (January 6, 2009). Hastings International and Comparative Law Review, Vol. 32, No. 1, 2009, Available at SSRN: https://ssrn.com/abstract=2117246

Victoria Schwartz (Contact Author)

Pepperdine University - Rick J. Caruso School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

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