Overview

This book challenges the common view that the Russian Constitution is a sham or a reflection of Russia’s authoritarian past. It instead shows that the Russian Constitution was a product of the constitutional ‘dark arts’, an increasingly common constitutional practice that seeks to guarantee liberal democracy and individual rights in a system of highly centralised power. Over time in Russia, the centralisation of power in the president has undermined the constitution’s democratic and rights protections. This Russian experience matters for three reasons. First, it shows that Russian authoritarianism is neither the personal creation of Vladimir Putin nor a natural reflection of Russian history. It is instead the product of a centralised constitutional system. A democratic Russia is possible but requires more than just Putin leaving office - it also requires breaking with Russia’s constitutional commitment to centralisation. Second, it demonstrates the role that the constitutional dark arts play in populist authoritarianism around the world. In these contexts, centralisation allows one office to claim popular legitimacy and dominate politics while (generally falsely) also claiming to respect individual rights and democracy. Third, it reveals that democratic constitutions are more than legal texts enforced in court. They are more fundamentally political texts that create a balanced state with political checks on the centralisation of political power. These checks and balances do not just limit state power and protect rights; they also enable the state to better understand and advance the general well-being of its citizens. This book therefore provides critical guidance to those involved in building democracy in a post-Putin Russia. It is also important to those seeking to better understand the role that constitutions play in shaping both authoritarian and democratic politics.

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9781509972197

Table of Contents

Reviews

How does Vladimir Putin retain power? Through charisma, coercion, corruption—and a constitution! Will Partlett shows that the Russian constitution matters to sustaining the power centralized in Putin’s presidential office by adding legal authority to other power bases. Partlett offers us more than a detailed study of the constitutional centralization of power in Russia’s presidency. He takes on an important argument in political theory for centralized power as a vehicle for promoting the public good while preserving democratic rights, by overcoming the toned down versions of Hobbes’s war against all that are manifested in some pluralist political systems, immobilized by petty disagreements among power-seeking politicians. Partlett argues that, though the centralizers are sometimes correct in their diagnoses of their polities’ problems, their prescription runs high risks of degenerating into mere authoritarianism, risks manifested in Russia’s post-1989 experience from Boris Yeltsin though Putin. Partlett does an important service to the field of comparative constitutional law, and liberal political theorys by placing the case for centralized power back on the table even as he ends up severely criticizing it. * Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School, USA *

[This book] is well researched and well written ... The book is a timely cautionary story. It argues that meaningful constitutional reform, whether in Russia or elsewhere, must focus not only on enumerated rights, but also on dispersing power, empowering parliaments, providing checks and balances, and fostering genuine pluralism. * Russian Review * Partlett’s analysis is a positive contribution to the literature on how authoritarian government must be understood within its constitutional and normative context. The focus of the book is on Russia, and it makes sense that Partlett considers centralisation within presidential systems of government. * Europe-Asia Studies * [William] Partlett provides a clear and accessible account of Russia’s recent constitutional history … this is a book that even those who are uninterested in Russia should read, it speaks to a range of important topics in constitutional scholarship and, by virtue of its focus on Russia, does so in novel and valuable ways. -- Nicholas Barber, Professor of Constitutional Law and Theory at the University of Oxford, UK * Comparative Constitutional Studies * How does Vladimir Putin retain power? Through charisma, coercion, corruption—and a constitution! Will Partlett shows that the Russian constitution matters to sustaining the power centralized in Putin’s presidential office by adding legal authority to other power bases. Partlett offers us more than a detailed study of the constitutional centralization of power in Russia’s presidency. He takes on an important argument in political theory for centralized power as a vehicle for promoting the public good while preserving democratic rights, by overcoming the toned down versions of Hobbes’s war against all that are manifested in some pluralist political systems, immobilized by petty disagreements among power-seeking politicians. Partlett argues that, though the centralizers are sometimes correct in their diagnoses of their polities’ problems, their prescription runs high risks of degenerating into mere authoritarianism, risks manifested in Russia’s post-1989 experience from Boris Yeltsin though Putin. Partlett does an important service to the field of comparative constitutional law, and liberal political theorys by placing the case for centralized power back on the table even as he ends up severely criticizing it. * Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School, USA * Partlett’s book is a masterpiece that will significantly shape understanding of Russian constitutional law and politics, the role of law in autocratisation and democratisation, and the nature of constitutions. It will have a far-reaching and lasting impact. It could not be more timely, given the growing effects of Russian authoritarianism and the rise and resilience of authoritarianism worldwide. The book is written in beautiful and accessible language, and I highly recommend it to you all. * Cora Chan, Professor at Hong Kong University Faculty of Law and Director of the Centre for Comparative and Public Law *

Partlett’s book is an important and necessary contribution to the debate over power in Russia. He takes this idea beyond authoritarian regimes and warns that anti-politics threatens to undermine pluralism and legitimacy in democratic countries. * New Zealand International Review * [This book] is well researched and well written ... The book is a timely cautionary story. It argues that meaningful constitutional reform, whether in Russia or elsewhere, must focus not only on enumerated rights, but also on dispersing power, empowering parliaments, providing checks and balances, and fostering genuine pluralism. * Russian Review * Partlett’s analysis is a positive contribution to the literature on how authoritarian government must be understood within its constitutional and normative context. The focus of the book is on Russia, and it makes sense that Partlett considers centralisation within presidential systems of government. * Europe-Asia Studies * [William] Partlett provides a clear and accessible account of Russia’s recent constitutional history … this is a book that even those who are uninterested in Russia should read, it speaks to a range of important topics in constitutional scholarship and, by virtue of its focus on Russia, does so in novel and valuable ways. -- Nicholas Barber, Professor of Constitutional Law and Theory at the University of Oxford, UK * Comparative Constitutional Studies * The book stands out as a valuable resource for scholars of constitutional law, Russian politics and comparative authoritarianism. Why the Russian Constitution Matters is a thought-provoking and important contribution to the study of the functions of constitutions in authoritarian systems. * Slavonic & East European Review * How does Vladimir Putin retain power? Through charisma, coercion, corruption—and a constitution! Will Partlett shows that the Russian constitution matters to sustaining the power centralized in Putin’s presidential office by adding legal authority to other power bases. Partlett offers us more than a detailed study of the constitutional centralization of power in Russia’s presidency. He takes on an important argument in political theory for centralized power as a vehicle for promoting the public good while preserving democratic rights, by overcoming the toned down versions of Hobbes’s war against all that are manifested in some pluralist political systems, immobilized by petty disagreements among power-seeking politicians. Partlett argues that, though the centralizers are sometimes correct in their diagnoses of their polities’ problems, their prescription runs high risks of degenerating into mere authoritarianism, risks manifested in Russia’s post-1989 experience from Boris Yeltsin though Putin. Partlett does an important service to the field of comparative constitutional law, and liberal political theorys by placing the case for centralized power back on the table even as he ends up severely criticizing it. * Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School, USA * Partlett’s book is a masterpiece that will significantly shape understanding of Russian constitutional law and politics, the role of law in autocratisation and democratisation, and the nature of constitutions. It will have a far-reaching and lasting impact. It could not be more timely, given the growing effects of Russian authoritarianism and the rise and resilience of authoritarianism worldwide. The book is written in beautiful and accessible language, and I highly recommend it to you all. * Cora Chan, Professor at Hong Kong University Faculty of Law and Director of the Centre for Comparative and Public Law *

[William] Partlett provides a clear and accessible account of Russia’s recent constitutional history … this is a book that even those who are uninterested in Russia should read, it speaks to a range of important topics in constitutional scholarship and, by virtue of its focus on Russia, does so in novel and valuable ways. -- Nicholas Barber, Professor of Constitutional Law and Theory at the University of Oxford, UK * Comparative Constitutional Studies * How does Vladimir Putin retain power? Through charisma, coercion, corruption—and a constitution! Will Partlett shows that the Russian constitution matters to sustaining the power centralized in Putin’s presidential office by adding legal authority to other power bases. Partlett offers us more than a detailed study of the constitutional centralization of power in Russia’s presidency. He takes on an important argument in political theory for centralized power as a vehicle for promoting the public good while preserving democratic rights, by overcoming the toned down versions of Hobbes’s war against all that are manifested in some pluralist political systems, immobilized by petty disagreements among power-seeking politicians. Partlett argues that, though the centralizers are sometimes correct in their diagnoses of their polities’ problems, their prescription runs high risks of degenerating into mere authoritarianism, risks manifested in Russia’s post-1989 experience from Boris Yeltsin though Putin. Partlett does an important service to the field of comparative constitutional law, and liberal political theorys by placing the case for centralized power back on the table even as he ends up severely criticizing it. * Mark Tushnet, William Nelson Cromwell Professor of Law Emeritus, Harvard Law School, USA * Partlett’s book is a masterpiece that will significantly shape understanding of Russian constitutional law and politics, the role of law in autocratisation and democratisation, and the nature of constitutions. It will have a far-reaching and lasting impact. It could not be more timely, given the growing effects of Russian authoritarianism and the rise and resilience of authoritarianism worldwide. The book is written in beautiful and accessible language, and I highly recommend it to you all. * Cora Chan, Professor at Hong Kong University Faculty of Law and Director of the Centre for Comparative and Public Law *

Author Information

William Partlett is Associate Professor at Melbourne Law School, Australia.

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