A critical look at improving the system of executive bodies in the context of the 2020 Constitutional Reform

On the basis of the Law of the Russian Federation on the amending the Constitution of the Russian Federation of February 14, 2020 no. 1-FKZ "On improving regulation of certain issues of the organization of public power", the article attempts to critically assess certain issues of improving the system of executive authorities.

Constitutional Reform, Change of the System and Choices Maximizing Social Utility Function

The paper provides a critical analysis of J. Buchanan’s project of constitutional political economy. It is considered in order to make sense of the present-day political and social crisis in Bulgaria. This innovative project for liberalism proposes a more adequate version of the contractual theory through constitutional rules that determine the rational construction of the state and the common life of the people. They choose to obey these rules, guided by the idea of maximizing the social function of benefit. In the search of a path to social change in Bulgaria, we can learn from the conservative elements in the conception of Buchanan and his followers.

The Concept of the ‘Living Constitution’ in Russian Constitutional Theory and Practice

In discussing the concept of the ‘living constitution’ in Russian constitutional theory and practice, this paper shows that the Russian concept of the living constitution differs from U.S. or European approaches to evolutive interpretation. The Russian concept has its roots in Soviet and pre-revolutionary Russian constitutional thinking. It reduces the normative power of the Constitution but allows an interpretation according to changing social conditions and gives the legislator a broad margin of appreciation. Whereas the 1993 Russian constitutional reform had been regarded as a paradigm shift with the intention to break with the past by declaring that the Constitution shall have supreme judicial force and direct effect, the paper also gives answers to the complexity of constitutional change and legal transplants and the role of constitutional theory and practice for the functioning of the current authoritarian regime in Russia.

Constitutional Politics

In 1948, the Constitution was enacted by the Constitutional National Assembly, and a presidential system was adopted. But it was a hybrid system with both presidential and parliamentary system elements. Even though nine constitutions have been promulgated since then, this characteristic has remained fundamentally unchanged. Under the authoritarian regimes, the dictators forcibly revised the Constitution to strengthen their power and extend their terms of office. Constitutional politics, then, was fraught with serious conflict. South Korea was democratized in 1987, and the Constitution was democratically revised accordingly. The most important thing in this new Constitution was the restoration of the popularly elected presidential system. But the 1987 Constitution was modelled on the 1962 Constitution, and does not fit well with today’s democratized and diverse Korean society. The need to decentralize the authority and power of central government is another reason for constitutional reform.

The effect of the 2011 Arab uprising in the Middle East and North Africa (Mena region): Morocco's quest for constitutional reform and the 20 February Movement

Historically, Morocco experienced widespread political repression during the 1970s through to the early 1990s. Through its exploitations, the monarchy regime repressed any claims aimed at challenging its authoritarian form of public space and debate. Encouraged by the uprisings in Tunisia and Egypt, and the Arab Spring, young Moroccans began to organise extensive demonstrations across the country demanding that a more substantive democracy, social justice and an anti-corruption mechanism be put in place. The 20 February movement, named after the first demonstration held on that date in 2011, is a worthy illustration of one of the latest social movements characterised by a concentrated use of technology and their disseminated membership. King Mohammed VI, Commander of the Faithful and the highest authority in Morocco, promised in a televised speech to introduce radical and genuine constitutional reforms that would democratise the country. This article describes the historical trajectory of the monarchy, the emergence and structuring of the 20 February movement and the neutralization strategy pursued by the monarchy in bringing about a constitutional change.

Declaring a law unconstitutional through the legislative gap: the practice of the Constitutional Court of Ukraine

The paper draws attention to the changes that have taken place due to the second constitutional reform in Ukraine. The changes changed the organization and activities of the Constitutional Court of Ukraine, the procedure for consideration of cases by the Court, decision-making and the powers of the Court. Attention is drawn to the topical question of whether the Court can declare its decision unconstitutional because of a gap in it, why human rights and freedoms are violated, because, as we know, the law can be violated not because of activities but also inaction. The main decisions of the Constitutional Court of Ukraine in any given issue are analyzed. It is stated that the position of the Court is outdated, as a result of which human rights and freedoms are violated. Practice shows that in Western countries, a minority are constitutional courts that do not review legislative gaps for constitutionality. The paper notes that the review of constitutional gaps may be introduced into the practice of the Constitutional Court in the near future. The conclusion emphasizes that by declaring the gaps unconstitutional, the Court is in fact forcing the parliament to break the deadlock and take certain actions to resolve the gap in the legislation, thus improving the quality of the Ukrainian legislation.

Weaker parliament will emerge from Kyrgyz election

Significance The election is intended to close off a turbulent year that started with the October 2020 legislative polls, swiftly annulled amid mass protests and allegations of fraud, followed by a power grab by Sadyr Japarov, now president, and a constitutional reform. Campaigning has featured tried-and-tested techniques of voter bribery and intimidation that dilute the electoral process's democratic credentials. Impacts The imprisonment of many better-known elite figures reduces the electoral challenge facing Japarov's allies. Around 8% of voters, mostly abroad, are disenfranchised because they lack biometric registration. Japarov will use nationalist rhetoric cannily, scoring points against Tajikistan but professing loyalty to Russia.

RUSSIAN FEDERALISM AT THE CROSSROAD OF THE CONSTITUTIONAL REFORM

Поправки в Конституцию РФ, инициированные в начале 2020 г. Президентом России В.В. Путиным, вызвали оживленную дискуссию в научной и публицистической литературе. Критики отмечали опасность усиления президентской власти в ущерб другим ветвям власти; перераспределение полномочий субъектов Федерации в пользу федерального центра; ограничение автономии и независимости муниципальной власти; ограничение прав граждан и ряд других моментов в предложенных поправках в Конституцию РФ. В статье критически анализируются аргументы сторонников и противников конституционной реформы 2020 г. с целью выявить содержание основных изменений в системе российского федерализма в аспекте реализации в этой системе одного из важнейших принципов современной федеративной теории – принципа субсидиарности. Как показывает автор статьи, система единой публичной власти как одна из главных новаций конституционной реформы может послужить основой для реализации принципа субсидиарности.

Uzbek leader opts for efficient authoritarianism

Significance He also announced a constitutional reform process, without elaborating. Mirzioyev was returned to office on October 24 in a carefully choreographed competition without genuine opponents. Since coming to power in 2016, he has pursued an ambitious reform agenda, but this is confined to economic and administrative changes designed to create a more prosperous society that supports the old political system. Impacts Mirzioyev will build Uzbekistan's reputation as an impartial mediator with the Afghan Taliban. Uzbekistan will capitalise on friendlier ties with all its Central Asian neighbours. Moscow will continue courting Uzbek accession to its regional economic and security blocs.

Taming the Incumbency Advantage: Innovative Constitutional Designs from the "South"

This Discussion Paper was drafted for an International IDEA webinar on Taming the Incumbency Advantage (25 May 2021), the first of a series on innovative constitutional design options. It has been revised and updated to reflect contributions from webinar participants: Professor Juvence F. Ramasy (Madagascar), Professor Ridwanul Hoque (Bangladesh) and Professor Gabriel Negretto (Latin America), among others. The webinar series seeks to identify, discuss, profile and showcase the ‘hidden treasures’ of innovative constitutional/institutional design options—including from the Global ‘South’—with potential to help tackle emerging and recurrent challenges facing societies around the world. The goal is not to promote any specific institutional design, but rather to enrich conversations about constitutional reform processes and share comparative constitutional law and practice insights among academic and practitioners’ communities.