ON THE SOCIAL AND LEGAL VALUES OF THE RUSSIAN CONSTITUTION, 1993, ON VALUES ENSHRINED THERE TO AS WELL AS ITS DISADVANTAGES

Author(s):  
Veniamin Chrkin

The Constitution RF 1993 isn't perfect, but it has social and legal value. In the drafting and adoption of the Constitution of 1993 often considered some socio-political forces and scientists-сonstitucionalists a temporary, transitional Constitution. The political elite, got after the shooting of a White house in Mosсow their hands real levers of state power, understood that the situation may be sought to replace the basic law back to totalitarian socialism. Therefore, in the Constitution the provisions were included, which banned the changing on the principle rules on social and state system - chap. 1, also 2 and 9. Up to a certain period in the development of society such bans have a positive meaning, protected social and legal value of the Constitution, enshrining it the foundations of a new order. But at some point they may hinder progressive development of the societу, new implementation of the ideas of social justice, social partnership, social responsibility and authoritarianism. In addition, in article 5, 11 and other contain incorrect position. «Point аmendments» to the Constitution to correct chapter 1, to include new provisions on the basis of experience gained, you cannot. Some of these provisions are contained in the unchanged chapter 1. This article discusses the specific provisions of the Constitution, which continue to maintain lasting social and legal value and says such provisions, that must be corrected.

2016 ◽  
Vol 33 (2) ◽  
pp. 1-24
Author(s):  
David Belt

Why, in the aftermath of 9/11, did a segment of the U.S. popular security experts, political elite, media, and other institutions classify not just al-Qaeda but Islam itself as a security threat, thereby countering the prevailing professional consensus and White House policy that maintained a distinction between terrorism and Islam?Why did this “politically incorrect” or counternarrative expand and degenerate into a scare over the country’s “Islamization” by its tiny Muslim population? Why is this security myth so convincing that legislators in two dozen states introduced bills to prevent the Shariah’s spread and a Republican presidential front-runner exclaimed:“I believe Shariah is a mortal threat to the survival of freedom in the United States and in the world as we know it”? This analysis offers a framework that conceptualizes popular discourses as highly interested fields of political struggle, deepens the prevailing characterization of this part of the U.S. popular discourse as “Islamophobia,” and analyzes how it has functioned politically at the domestic level. Specifically, it examines how a part of the conservative elite and institutions, political entrepreneurs already involved in the ongoing culture wars, seized upon Islam in the emotion-laden wake of 9/11 as another opportune site to advance their struggle against their domestic political opponents, “the Left,” and the more progressive societal institutions and culture in general.


2009 ◽  
Vol 4 (2) ◽  
Author(s):  
Norma Jo Baker

While much has been written on the failure of the Yeltsin presidency and the transformation of Russian society since 1991, little work has been done that illustrates the participation of established liberal democracies in supporting Yeltsin’s authoritarian, politically unresponsive ‘superpresidentialism,’ or linking this support to the authoritarian nature of the modern liberal democratic project itself. By examining Russian trade union culture and history, as well as international trade union representative involvement, this paper argues that the persistent neglect of unions in the 1990s to challenge social relations of production can be understood as paradigmatic of an authoritarian dynamic focused on the political elite rather than on their membership. With international support, the regime’s concern was with the dismantling of Soviet economic relations and social institutions. Working from the culture and history of Russian trade unions, the unions’ efforts to retain a place in the new era through a strategy of ‘social partnership,’ combined with the collapse of the social welfare system, reinforced a top-down inertia characteristic of the unions. The result, predictably, was an era marked by a politics of irresponsibility, a political ethic is not indicative of an inherent Russian authoritarianism, but that of the authoritarian nature of the liberal modernity itself.


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.


2020 ◽  
Vol 82 (7) ◽  
pp. 594-610
Author(s):  
Wallace Chuma

African countries where democracy and majority rule came about through negotiated transitions are often conflicted polities in which elements of the new order exist uneasily with strong currents of the ancien regime. The media in these ‘transitioning’ societies naturally find themselves at the forefront of interpreting and representing these contradictions through deploying both ‘old’ journalistic frames and creating new narratives. In doing so, African journalists mediating this initial phase of the postcolonial transition negotiate a complex terrain: fielding pressures from an array of power centres including the new political elite transforming itself from a liberation movement into a democratic government, corporate hierarchies with strong links to the past, advertisers and media owners. They are also confronted with a plethora of expectations of how they should represent the new order, in part based on who they are, in terms of race, gender and class. This article focuses on the journalism-politics nexus within the first decade of democracy in Zimbabwe, identifying key moments and sites where the matrix of influences (and contradictions) played itself out. It does so through archival research, including selected biographies published by journalists who lived through the contested transition. The results suggest that in Zimbabwe, the structural factors shaping journalism practice rested to a large extent on a set of expectations of a ‘collaborative’ media by the new political elite, which adopted an aggressive stick and carrot approach to enforcing journalistic collaboration. At the same time, it is also clear that journalists were able, from time to time, to subvert or manoeuvre within the ‘system’ to assert their agency, although this was in cases few and far between.


Author(s):  
Marcus Mietzner

The introduction of democratic elections in Indonesia after the downfall of Soeharto’s authoritarian New Order regime in 1998 has triggered intensive scholarly debates about the competitiveness, credibility and representativeness of these ballots. The main focus of such discussions has understandably been on the primary actors in the elections – parties, individual candidates and voters. But this concentration on voting behaviour and electoral outcomes has shifted attention away from another development that is at least as significant in shaping Indonesia’s new democracy: that is, the remarkable proliferation of opinion pollsters and political consultants. The central role of opinion polls in post-Soeharto politics – and the diversity of views expressed in them – have challenged many of the conventional wisdoms held about the Indonesian electorate. The picture that emerges from the rapid spread of opinion polls in recent years, and from their profound impact on the political elite, points to an increasingly sophisticated (and diversified) electorate. The rise of opinion polls as key elements in electoral politics has been so fast and so consequential that Indonesia now faces the same dilemmas typically associated with the dominance of pollsters in consolidated Western democracies. This article discusses the implications of the rising importance of opinion polling for Indonesia’s consolidating democracy.


2016 ◽  
Vol 33 (2) ◽  
Author(s):  
David Belt

Why, in the aftermath of 9/11, did a segment of the U.S. popular security experts, political elite, media, and other institutions classify not just al-Qaeda but Islam itself as a security threat, thereby countering the prevailing professional consensus and White House policy that maintained a distinction between terrorism and Islam? Why did this “politically incorrect” or counternarrative expand and degenerate into a scare over the country’s “Islamization” by its tiny Muslim population? Why is this security myth so convincing that legislators in two dozen states introduced bills to prevent the Shariah’s spread and a Republican presidential front-runner exclaimed: “I believe Shariah is a mortal threat to the survival of freedom in the United States and in the world as we know it”? This analysis offers a framework that conceptualizes popular discourses as highly interested fields of political struggle, deepens the prevailing characterization of this part of the U.S. popular discourse as “Islamophobia,” and analyzes how it has functioned politically at the domestic level. Specifically, it examines how a part of the conservative elite and institutions, political entrepreneurs already involved in the ongoing culture wars, seized upon Islam in the emotion-laden wake of 9/11 as another opportune site to advance their struggle against their domestic political opponents, “the Left,” and the more progressive societal institutions and culture in general.


2021 ◽  
Vol 39 (6) ◽  
Author(s):  
Hlib O. Obydenko ◽  
Viacheslav А. Kredisov ◽  
Sergey V. Kalchenko ◽  
Vladimir A. Petrenko ◽  
Nataliya O. Bocharova

The article considers theoretical, methodological, and practical aspects of increasing the level of economic security of agricultural enterprises as a system that embodies the state of stable equilibrium of its components in the trajectory of resource flow when the environment changes, taking into account the restructuring of amplification factors. The necessity of a synergetic approach to balancing the state of stable equilibrium of functional components of economic security is proved. It is substantiated that economic security creates such a “security corridor” of the enterprise, which ensures its long-term progressive development, embodying it as a system that changes in response to any changes in the environment; forming a stable trajectory of resource flows; maintaining their synchronicity and rhythm by restructuring the random factors of influence, reducing bifurcation (state of unstable equilibrium), determining the critical point and increasing the amplification (action) of system parameters for further formation of new order imperatives. A methodical approach to the diagnosis of forming components of economic security of agricultural enterprises, which minimizes their number, avoids double counting of coefficients by forming a system of indicators for each component, taking into account the contour of the amplification (bifurcation) of the system equilibrium. The indicators of functional components of economic security of agricultural enterprises were combined. Diagnosis of economic security is carried out and indicators of functional components of agroholdings of Ukraine are identified. The level of economic security and its functional components is forecasted. The model of the optimal level of economic security of agricultural enterprises (agroholdings) in the interaction of isolated parts of components and their agreed indicators is presented.


1994 ◽  
Vol 88 (3) ◽  
pp. 451-470 ◽  
Author(s):  
Gennady M. Danilenko

The new Russian Constitution, which was approved by a popular referendum on December 12, 1993, entered into force on December 25, 1993. From a broad political perspective, the 1993 Constitution signifies a complete departure from the Communist dictatorship and a passage to democratic government. As a new basic law for a “democratic federal legal state,” the Constitution became an important step toward the establishment of a Rechtsstaat in Russia.


2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Abu Tamrin

Abstract: Amendment of the Constitution and constitutional reform in Indonesia. The Constitution can be two meanings, namely: a broad sense and narrow sense. Meaning constitution means forming. Constitutional expert in Constitutional Law contains basic law is written. Act of 1945 is a formal document which is the result of political struggle in the past. In the era of the New Order Act of 1945 "sacred" so that the People's Consultative Assembly of Indonesia in the New Order era did not alter the Constitution of 1945. In the reform era to amend the Act of 1945. There was a change of articles of Law 1945. One only Article 1 (2) the first amendment of the Constitution of 1945. Sovereignty is in the people's hands and performed in accordance with the Constitution. There is a state agency that was formed, one of which the Constitutional Court and no state institutions were removed, the Supreme Advisory Council. With the change of the Constitution of 1945, then there was a constitutional reform in Indonesia Abstrak: Perubahan Konstitusi dan Reformasi Ketatanegaraan Indonesia. Menurut K.C. Wheare kata konstitusi dapat menjadi 2 arti yaitu: arti luas dan arti sempit. Menurut Wirjono Projodikoro arti konstitusi berarti membentuk. Baik konstitusi maupun Undang-undang Dasar menurut Pakar Hukum Tata Negara berisi Hukum dasar tertulis. Konstitusi/Undang-undang Dasar 1945 merupakan dokumen formal yang merupakan hasil perjuangan politik bangsa di waktu lampau. Di era orde baru Undang-undang Dasar 1945 “disakralkan” sehingga Majelis Permusyawaratan Rakyat RI di era orde baru tidak mengubah Undangundang Dasar 1945. Di era reformasi dilakukan perubahan Undang-undang Dasar 1945. Ada perubahan pasal Undang-undang Dasar 1945. Salah satunya Pasal 1 ayat (2) perubahan pertama Undang-undang Dasar 1945.Kedaulatan ada di tangan rakyat dan dilakukan menurut Undang-undang Dasar. Ada lembaga negara yang dibentuk, salah satunya Mahkamah Konstitusi RI dan ada lembaga tinggi negara yang dihapus, yaitu Dewan Pertimbangan Agung RI.Dengan adanya perubahan Undang-Undang Dasar 1945, maka terjadi reformasi ketatanegaraan Indonesia. DOI: 10.15408/jch.v2i1.1843


2020 ◽  
Vol 22 (1) ◽  
pp. 112
Author(s):  
Muhammad Rafi ◽  
Eko Priyo Purnomo ◽  
Baskoro Wicaksono

This article is a study of the process of the rise of Riau Malay Identity Politics when it was previously marginalized in the New Order era. The purpose of this article is to look at the stages in the formation of identity politics in restoring the glory of Malay culture in Riau province. This research is descriptive-explorative library research that explains and explores ideas about Riau Malay identity politics by answering questions in problems identified based on reading results and data interpretation related to the research theme. The results showed that after the reforms, the political elite of the Riau Province government tried to strengthen Malay identity with a variety of policies that were disseminated. Then, the negative views that were often directed towards ethnic Malay in the past, were rectified again by giving Islamic values to all the lives of the Malay people. Furthermore, the Local Government and the Riau Malay Customary Institution try to re-socialize the importance of the use of Malay as the origin of Indonesian.


Sign in / Sign up

Export Citation Format

Share Document