Post-Soviet Constitution Making

"Post-Soviet Constitution-Making" in Hanna Lerner and David Landau (eds), Comparative Constitution Making, Edward Elgar Publishing (2019), pp. 539-566

U of Melbourne Legal Studies Research Paper No. 830

28 Pages Posted: 12 Jul 2019 Last revised: 1 May 2020

Date Written: July 12, 2019

Abstract

This chapter will examine why many of the countries in the post-Soviet space – which spans eight time zones from Western Ukraine to the Russian Far East and has a population of around 300 million – continue to diverge from divided state constitutionalism. This divergence stems from the persistent influence of a competing constitutional discourse embedded in the region’s contested constitutional tradition. This distinctive discourse argues that a constitution should centralize state power and retain the political supervision of legality to fulfill particular collective goals. This “centralized state discourse” therefore competes with divided state constitutionalism to shape constitutional text and implementation across the post-Soviet space.

Keywords: post-Soviet, constitutional law

JEL Classification: K39

Suggested Citation

Partlett, William, Post-Soviet Constitution Making (July 12, 2019). "Post-Soviet Constitution-Making" in Hanna Lerner and David Landau (eds), Comparative Constitution Making, Edward Elgar Publishing (2019), pp. 539-566, U of Melbourne Legal Studies Research Paper No. 830, Available at SSRN: https://ssrn.com/abstract=3418712

William Partlett (Contact Author)

Melbourne Law School ( email )

185 Pelham St
Carlton VIC
Melbourne
Australia
+61 3 8344 8740 (Phone)

HOME PAGE: http://law.unimelb.edu.au/about/staff/william-partlett

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