Constitution-making in the Region of Former Soviet DominanceWith the end of the Cold War and the disintegration of the Soviet Union, newly formed governments throughout Eastern Europe and the former Soviet states have created constitutions that provide legal frameworks for the transition to free markets and democracy. In Constitution-Making in the Region of Former Soviet Dominance, Rett R. Ludwikowski offers a comparative study of constitution-making in progress and provides insight into the complex political and social circumstances that are shaping its present and future. The first study of these recent constitutional developments, this book also provides an appendix of all newly ratified constitutions in the region, an essential new reference source for scholars, students, and professionals. Beginning with a review of the constitutional traditions of Eastern and Central Europe, Ludwikowski goes on to offer analysis of the recent process of political change in the region. A second section focuses specifically on the the new constitutions and such issues as the selection of the form of government, concepts of divisions of power, unicameralism vs. bicameralism, the flexibility or rigidity of constitutions as working documents, and the process of reviewing the constitutionality of laws. Individual states as framed in these documents are analyzed in economic, political, and cultural terms. Although it is too soon to fully consider the implementation of these constitutions, special attention is devoted to the effect of reform on human rights protection, a notorious problem of continuing concern in the region. A final section offers an insightful comparative study of constitutional law by reviewing the post-Soviet process of constitution-making against the backdrop of Western constitutional traditions. Constitution-Making in the Region of Former Soviet Dominance is both a comprehensive study of constitutional developments in the former Soviet bloc and a primary reference tool for scholars of constitutional law, and Eastern European and post-Soviet studies. |
Contents
Introduction I | 1 |
The Overview | 9 |
Soviet Constitutions | 16 |
Constitutional Legacy of Tsarist Russia 16 The Soviet Revolutionary Constitution | 23 |
Confrontation of East and West | 32 |
Political and Constitutional Reforms of the Glasnost | 47 |
ConstitutionDrafting in the Former Peoples Republics | 110 |
Overview of a Model | 193 |
Placement of the Rights in the New Constitutions | 229 |
Notes | 237 |
Bibliography | 301 |
Interim Constitution of Albania and Albania Charge of Rights 319 Constitution of | 351 |
Republic of Kazakhstan 443 Constitution of the Kyrghyz Republic | 463 |
Constitution of the Republic of Lithuania 484 Constitutional Act of Poland | 510 |
Socialist Republics | 605 |
| 633 | |
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accordance activity acts administrative adopted Albania amendments appointed approved Article authority Autonomous bodies budget Bulgaria candidate chairman Chamber of Deputies Chapter citizens communist Constitutional Court constitutional law constitutionality Council of Ministers countries CSCE Czech decision declared defense democratic draft constitution Duma duties Eastern Europe economic elected electoral established by law Estonia ethnic European Constitutional executive exercise guaranteed human rights Hungarian Ibid issue Jogorku Kenesh judges Kyrghyz Republic legislative majority ment National Assembly National Council organizations Parliament parliamentary percent person Polish President president of Romania presidential Prime Minister procedure protection referendum representatives Republic of Belarus Republic of Hungary Republic of Kazakhstan Republic of Lithuania Republic of Poland Reuter rights and freedoms rights and liberties Riigikogu Romania Russian Federation Seimas Sejm Senate session Seym Slovak Republic Slovakia social socialist Supreme Court Supreme Soviet territory tion tional two-thirds Union Republic USDS Report USSR vote