scholarly journals Consolidating the Putin Regime: The 2020 Referendum on Russia’s Constitutional Amendments

2021 ◽  
Vol 6 (3) ◽  
pp. 355-376
Author(s):  
Derek S. Hutcheson ◽  
Ian McAllister

Abstract In July 2020, Russian voters gave strong support to a package of constitutional reforms that reconfigured the Russian political system and enshrined social guarantees and conservative identity values, consolidating the regime that has been built over a 20-year period. This was achieved through an alteration that ‘zeroed’ presidential terms that commenced before the constitutional change, potentially allowing President Vladimir Putin to overcome term limits and continue in office beyond 2024. The article explains how such a far-reaching and important change was successfully endorsed by the Russian electorate. The analysis shows that the main explanation rests with variations in voting patterns across the regions, a pattern that has been evident in previous Russian elections and resulted in strong pro-Putin support. The article also evaluates questions raised about the legitimacy of the result, and its long-term significance for the Russian political system.

2021 ◽  
Vol 6 (1) ◽  
pp. 6-26
Author(s):  
William E. Pomeranz

Abstract Constitutional reform dominated Russia’s legal and political agenda in 2020. Starting with Putin’s January 15, 2020 state-of-the-nation address, the 1993 Yeltsin constitution was amended and substantially transformed to meet Putin’s immediate and more long-term political objectives. In the process a flawed but forward-looking document has been stripped of much of its liberal potential and instead been converted into a more traditional top-down system of governance. Putin did not just overturn the term limits on his presidency. He created a new power vertical (the unified system of public power), a stronger presidency, and a more subservient judiciary. Moreover, Putin’s amendments undermine the constitution’s internal consistency by introducing numerous contradictions into Russia’s founding law. In particular, while technically observing the constitution’s procedural requirements, he managed to downgrade Russia’s civil liberties—the highest value under the 1993 constitution—while elevating and expanding Russia’s social rights.


Author(s):  
Paul Chaisty

This chapter explores how the operation of term limits in Russia is shaped by the interaction between both the formal and informal structures of political authority. First, it describes the evolution of formal rules on term limits from the late Soviet period, through the constitutional debates of the 1990s to the constitutional amendments of 2008, which extended the length of presidential terms from four to six years. Second, it considers how the informal structures of power have influenced the ways in which successive presidents and their supporters have sought to overcome the formal constraints that term limits have placed on their power. Finally, it discusses how the application of term limits has affected the institutional development of the presidency since the early 1990s and support for Russia’s political system more generally.


Author(s):  
Ewa K. Strzelecka ◽  
María Angustias Parejo

This chapter analyses the constitutional reform processes that have taken place in the MENA countries since the social uprisings in 2011. The purpose of this study is to examine and compare the constitutional reform processes in order to offer key insights into these processes and to propose a typology of the dynamics of constitutional reform, and its scope in the MENA region. The aspects for analysis include procedures, consensus and dissent during the course of the constitutional process, and the content of the constitutional reforms. The emphasis is placed on the most important elements of the processes of constitutional change and of the content of the new constitutions, while paying particular attention to aspects related with the power of heads of state, the most frequently-debated reforms and the advancement of gender equality and women’s rights. The authors conclude that constitutional processes are relevant, but not determinant for democratic change, with the exception of Tunisia. The scope of the constitutional amendments has been limited and has perpetuated the dominance of the authoritarian rulers. Many of the constitutional reforms after the Arab Spring have been the product of strategies for survival by the respective regimes and were promoted ‘top-down’ through a process that, in many countries, excluded the revolutionary movements and opposition groups that were not loyal to the regime.


Author(s):  
Esther Villadangos Seijas

El presente artículo se centra en el estudio de la gestación de la crisis económica en Irlanda y en el análisis de las respuestas constitucionales a la misma. En primer lugar se analiza el papel de la reforma constitucional, estudiando el mecanismo diseñado en los arts. 46 y 47 de la Constitución. El carácter preceptivo del referéndum ha reforzado la implicación social en un total de 23 reformas aprobadas hasta la fecha. De especial trascendencia, como reacciones constitucionales ante el contexto de crisis, podemos destacar la reforma de 2011 relativa a la reducción del salario de los jueces y la afrontada en 2012, como consecuencia de la ratificación del Tratado de Estabilidad. Un segundo contenido de este trabajo expone una «relativa» novedad en el panorama constitucional, la de la Convención Constitucional. Concebida como un órgano deliberativo y participativo, estamos ante un mecanismo que trata de paliar una común demanda de las democracias actuales de fomentar la participación social como complemento a las limitaciones de los cauces parlamentarios tradicionales, subyugados a demasiadas lealtades, partidistas, endogámicas que impiden el ejercicio de sus funcione de canalización de la voluntad popular en el seguimiento de los asuntos públicos.This article focusses on Irish answers to the economic crisis. The full force of the sovereign debt crisis has been affected Ireland from 2008. The failures in the policy-making and regulatory systems have caused a critical eye on traditional ways of doing business in the political system and the public service. The paths that Ireland has followed are two. First, the constitutional amendment mechanism. It pays attention to constitutional precepts that ruler this constitutional reform, mainly articles 46 and 47. The referendum has developed a key element in this system. Ireland has developed 23 constitutional reforms nowadays. The second important element is a Constitutional Convention. This body will allow a group of randomly selected citizens to deliberate and make recommendations upon a number of areas of political reform. Many of the changes envisaged offers an space for reflection about the viability of a macro political and constitutional change strategy that the bailout require.


2014 ◽  
Vol 13 (4) ◽  
pp. 429-451 ◽  
Author(s):  
Charles Manga Fombad

Constitution-building is a delicate and intricate process which requires ample reflection and careful choices. African constitution-builders and politicians have since the beginning of the 1990s embarked on a process of constitutional reforms. A careful examination of the developments of the last two decades shows that the process has almost provoked never-ending contagion of making, unmaking and remaking of constitutions. This paper attempts to provide an over-view of the changes that have been taking place. Some of the issues relating to the durability of national constitutions and theoretical foundations for constitutional change are discussed. The paper also considers some of the possible implications of the endless processes of making, unmaking and remaking constitutions. The critical question it tries to grapple with is how this unending process of constitution-building in Africa can be controlled in a manner that will ensure peace, political stability and provide a legitimate foundation for entrenching a firm culture of constitutionalism. In advocating for an entrenched permanent constitutional review commission to check against frequent and arbitrary constitutional changes, the paper argues that this is the best way for constitutional legitimacy to be sustained throughout the life of a constitution.


Significance The debate over constitutional reform will be enlivened by the upcoming election of a constituent convention in Chile on the same day as the Peruvian elections. Impacts Constitutional change may become a banner for the left elsewhere in Latin America. Future constitutional reforms may reconsider the status of indigenous communities in the Amazon. Workers’ rights, include labour stability, may be strengthened.


2021 ◽  
Vol 46 (3-4) ◽  
pp. 307-320
Author(s):  
Attila Vincze

Abstract There was no tradition of a republican president in Hungary before the fall of communism, and the transitory constitution of 1989 was unclear about the exact role the President should play in the constitutional system of Hungary. Some provisions even resembled those of presidential or semi-presidential systems; some ambiguities were clarified during the first two decades after the transition. Conventions, however, were established to some extent and sometimes very quickly. This period gave rise to guidelines as to how the powers of the President should be exercised. Some other powers were concretized and interpreted foremost by the Constitutional Court. These conventions and judicial interpretations formed the character of the Presidency to the extent of informal constitutional change. Some of these elements have even been incorporated into and formalized by the new Fundamental Law of Hungary. The present contribution will point out how the originally broad competencies of the President have been narrowed in the practice, and what role the Constitutional Court and political actors played in this process.


2021 ◽  
pp. 1-22
Author(s):  
Tofigh Maboudi ◽  
Ghazal P. Nadi ◽  
Todd A. Eisenstadt

Abstract Since the third wave of democracy, term limits have become a popular fixture of most constitutions intended to constrain the executive. Yet, recent constitutional reforms around the world show that presidents seeking re-election sometimes overturn the entire constitutional order to extend their power. What is the impact of these constitutional manipulations on the longevity of the executive in office? Using survival analysis of all political leaders and national constitutions from 1875 to 2015, this article demonstrates, for the first time, that when ‘authoritarian-aspiring’ presidents remove constitutional term limits, they increase their stay in office by more than 40%. Our findings contrast with a widely held position in the comparative authoritarian literature suggesting that dictators survive longer under institutional constraints. On the contrary, we argue that by removing constitutional barriers, rulers consolidate more power at the expense of their most ambitious allies and can stay in power longer.


2009 ◽  
Vol 5 (S267) ◽  
pp. 103-103
Author(s):  
A. H. Andrei ◽  
S. Bouquillon ◽  
J. L. Penna ◽  
F. Taris ◽  
S. Anton ◽  
...  

Quasars are the choicest objects to define a quasi-inertial reference frame. At the same time, they are active galactic nuclei powered by a massive black hole. As the astrometric precision of ground-based optical observations approaches the limit set by the forthcoming GAIA mission, astrometric stability can be investigated. Though the optical emission from the core region usually exceeds the other components by a factor of a hundred, the variability of those components must surely imply some measure of variability of the astrometric baricenter. Whether this is confirmed or not, it puts important constraints on the relationship of the quasar's central engine to the surrounding distribution of matter. To investigate the correlation between long-term optical variability and what is dubbed as the “random walk” of the astrometric center, a program is being pursued at the WFI/ESO 2.2m. The sample was selected from quasars known to undergo large-amplitude and long-term optical variations (Smith et al. 1993; Teerikorpi 2000). The observations are typically made every two months. The treatment is differential, comparing the quasar position and brightness against a sample of selected stars for which the average relative distances and magnitudes remain constant. The provisional results for four objects bring strong support to the hypothesis of a relationship between astrometric and photometric variability. A full account is provided by Andrei et al. (2009).


Author(s):  
William PARTLETT

Abstract This article will place the 2020 amendments to the Russian Constitution in comparative perspective. Although these amendments were officially justified as strengthening the Russian state in order to tackle emerging new problems, they constitutionalise already-existing legislative trends from the last twenty years. They therefore do little to overcome existing problems of Russian state building. What was the reform process about then? It was intended to project the image of reform by involving the people in a staged process of constitutional change while further entrenching the power of the current political elite. The constitutional reforms therefore demonstrate the symbolic role that constitutional law can play in seeking to ensure the survival of mature or later-stage forms of authoritarian populism. This kind of ‘theatrical constitution-making’ is a broader reminder of how the expressive aspects of constitutional change can be (ab)used by established authoritarian regimes.


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