«Comparative Constitutional Review»
Issue №1(110)

CONSTITUTIONAL WATCH

NOVEMBER  2015 – JANUARY  2016

Armenia, Central African Republic, India, Israel, Kosovo, Mexico, Poland, Portugal, Russia, Turkey, Ukraine, Zambia

LANDSCAPES OF DEMOCRACY

THE ACTUAL PROBLEMS OF MODELING THE CONSTITUTIONAL ARCHITECTURE OF LIBYA
Igor Irkhin

The article analyzes problems of modeling of the constitutional system in Libya through the prism of constitutional values throughout a continuous transformation of the Libyan state between declaring of independence in 1951 and the present time. The author claims that the revolutionary events that took place in Libya in 2011, idea of overthrowing the Gaddhafi regime, reinforced and exacerbated social, economic and political problems, provoked an explosion of separatism, social and political divisions. 

THE BRITISH PARLIAMENT AND THE EXECUTIVE POWER
Oleksiy Bruslyk

The article discusses the British model of relations between executive and legislative powers. The ‘parliament’ is considered in the article not only as the central institution of representative and legislative power, but as a specific concept of the British constitutional and legal doctrine. The article focuses on specific features of the British model of division of powers, as well as phenomenon of their fusion. 

CONSTITUTIONAL ORDER IN GLOBAL DIMENSION: SOCIOLOGICAL APPROACH

THE PROJECT OF CONSTITUTIONAL SOCIOLOGY: IRRITATING NATION STATE CONSTITUTIONALISM
Gunther Teubner

Trends of constitutionalisation can be identified beyond the nation state. They follow two different directions. Outside the limits of the nation state, constitutions emerge in the institutions of international politics, and they emerge simultaneously outside the limits of politics in the ‘private’ sectors of global society. 

THEORY OF CONSTITUTION FUNCTIONS OF THE CONSTITUTION
Otto Depenheuer

The functions of constitutions have for the long time been in the focus of attention of researchers and politicians. In this paper the author draws an important distinction between legal functions and some meta-legal functions – such as state – and nation shaping, identity preservation of the political community and integration. In the same time the article shows the very subtle character of differences between these functions and their capacity to transform from one form to another. 

INTERPRETATIONS OF THE CONSTITUTION AS ITS ACTUAL AMENDMENTS
Mikhail Krasnov

The article seeks to figure out if the so-called ‘interpretations’ of the Constitution by the Constitutional Court are actually aimed at changing and amending the Constitution. The author claims that if such a powerful agency releases an actual constitutional amendment, it should be perceived negatively. 

IN RETROSPECT: LOOKING IN THE HISTORY

THE ORIGIN OF THE COMMUNIST REGIME: FROM «REPUBLIC OF SOVIETS» TO THE ONE-PARTY DICTATORSHIP. Part 2.
Andrey Medushevsky

The origin of the Communist regime remains the focus of acute debates not only for historians, but also for politicians and legal experts in the context of Soviet legacy and the formation of the transitional Post-Communist regime. The widespread myth about Soviets as integral institutes of direct democracy still inspires leftist ideological proposals and even has significant impact upon constitutional amendments to Russian Constitution of today. The author analyses the place of Soviets as traditionally motivated institutes in the political structure of the Bolshevist regime, their impact on radical transformation of political culture, electoral system and local self-government organization. 

EVOLUTION OF CONSTITUTIONAL REVIEW IN RUSSIA: FROM THE NIGHT WATCH TO CONSTITUTIONAL JUSTICE. PART 1.
Boris Strashun

The article presents a detailed historical survey of the constitutional review in Russia. The author, in the first part of this paper, starts from the early stages of the constitutional development of the USSR. The competence of the Su- preme Court for constitutional review according the 1924 Constitution of the USSR, were limited to a narrow set of supervision functions, and even those were soon abolished. Only after six decades, at the end of the 80s, almost by the very end of the Soviet era, the idea of constitutional review was revived again in the process of democratisation. 

SCHOLA: LAW MAKING AND ENFORCEMENT

STATE REGISTRATION OF POLITICAL PARTIES AND THEIR REGIONAL OFFICES: ANALYSIS OF JUDICIAL PRACTICE
Gulshat Aminova

State registration of political parties and of their regional branches is one of the most important stages of the institutionalization of political parties in the political and legal frameworks. Political parties are entitled to participate in the elections only after the state registration in the Ministry of Justice of the Russian Federation and its local divisions. Taking into account recent changes in legislation on political parties, the article considers the provisions of the Federal law on political parties in the practice of the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation and courts of general jurisdiction, particularly the author considers the re- strictive provisions on the minimal membership and number of regional branches of political parties, interdiction on ethnonational, confessional or regional political parties.

THE MAKING OF QUALITY LAWS: REQUIREMENTS TO THE LAW DRAFTS
Timofey Vinogradov

Obviously that it is necessary to provide highquality bill to the State Duma, that will be able to pass successfully legislative process at all stages of the, and effectively regulate social relations in practice. One of the most important ways to improve the quality of bills is to comply with certain requirements in their drafting. 

BOOK REVIEW

MIDDLE EAST DEMOCRATIZATION, AMERICAN WAY: STEPPING FROM THE DIFFICULT INTO THE HOPELESS. REVIEW OF LÜDERS M. WER DEN WIND SÄT: WAS WESTLICHE POLITIK IM ORIENT ANRICHTET. MÜNCHEN : C. H. BECK, 2015
Andrey Rumyantsev

The review summarizes and comments on some of the most interesting theses from the book written by the German Orientalist and political writer Michael Lüders “Wer den Wind sät: Was westliche Politik im Orient anrichtet”. As the very title of the book sug- gests, this pamphlet discusses the impact of the West and Western policies on the political, social and economic development of the Middle East which, according to the German author’s pen, was quite negative if not even destructive. The book, though, as the review’s author stresses, was a big success in Germany, with six-figure circulation of 16 printings. 

IN THE RUSSIAN CONSTITUTIONAL COURT

Review of judgements of the Russian Constitutional Court December • 2015

Comparative Constitutional Review • Issue№1(110)