Friday, November 7, 2014

Discussion 3: Russia

Russia has a Premier-Presidential system. It has both a President, and a Prime Minister, called the Chairman of the Government. The President is chosen by the people for a set term of six years (2). The President, with the Duma, chooses the Chairman of the Government. At the moment, the President of The Russian Federation is Vladimir Vladimirovich Putin and the Chairman of the Government is Premier Dmitriy Anatolyevich Medvedev (3). Russia is sometimes considered to have a superpresidential system, meaning the very strong president enjoys having much more power than a relatively weak legislature (1).
This makes sense as Boris Yelstin, the President at the time that it was written, played a huge part in the drafting of the new constitution, to the point that the way that it was drawn up was not very democratic, as discussed last week. But as the USSR fell, a constitution was needed to be quickly drawn up for the new Russian Federation. The first President, like every other politician, wanted to have as much power as he was are able to. The country had been mired in a stalemate between the legislature and the President, so the people supported Yelstin’s proposed constitution. The people also believed that in order to both, guard the power status of Russia and to choose the best thing to do and move past the controversial economic and social issues, a strong executive leader was needed (1).    
Some of the other powers the President has include the appointing and dismissing of many positions in government. This person appoints the  federal ministers, those on the Security Council, the Administration of the President, the plenipotentiary representatives, the Supreme Commanders of the armed forces and Along with the Chairman of the Government, post deputy chairmen of the Government of the Russian Federation. . The President can also dissolve the State Duma, submit drafts of laws, and sign in laws. Intranationally, they work to resolve fights between State governments and internationally, they direct foreign policy and is the Supreme Commander-in-Chief of the military. The President can also convene a session of the Duma before the normal start date. This position has still other powers and abilities. The Chairman of Government’s powers are few in comparison. If the President is unable to perform their duties, the Chairman of Government is delegated to perform them, though his/her powers have a lot of restrictions. They also suggest candidates for the post of deputy chairs to the President as well as determine the basic objectives of the government. The vast powers of the President overshadow those of the Chairman of the Government (2).
Considering the historical context of wanting a decisive and effective leader over having a strong legislature, the overall majoritarian trend in the constitution, and considering that there was only one instance where the President needed the Duma to agree with his plan, I would say that the executive is relatively independent of the legislature. The Chairman of Government, who the Duma does have a say in selecting, does not have a lot of power.

  1. Fish, Steven M. "The Pitfalls of Russian Superpresidentialism." Current History 96 (1997): 326-31. Periodicals Archive Online. Web. 7 Nov. 2014.
  1. https://www.constituteproject.org/constitution/Russia_2008#251

3 comments:

  1. The Russian Constitution was written with the strong influence from President Boris Yeltsin, who was in power at the time the Constitution was drafted and approved. As Joanna mentioned, those who are in power prefer to retain as much power as possible when creating a new Constitution. There are many modern day implications for this system with such a weak legislative branch. This proves to be problematic with many current day situations, such as the issue of LGBTQ rights in Russia. The LGBTQ population in Russia is severely discriminated against and legally cannot protest or fight for their own rights. This bill banning the “propaganda of non-traditional sexual relations,” was put in place to “traditional sexual relations between man and woman… need special protection" (1). The problem with such a strong legislature is that it makes it very difficult for the minority to makes its voice heard. This is also interesting because before the Constitution was ratified, there was a Soviet republic that was in place. In this system, the power and authority rested in the “Councils,” who held the ultimate power. They did not need anyone else’s approval to pass laws or even alter the Constitution (2). This system of power residing with the few in power tends to continue with the current Constitution that was ratified during Yeltsin’s rule. The strong executive and weak legislature is a result of the being written with the strong influence of then President Boris Yeltsin, as well as due to the previous system of power that was in place. This tends to be problematic when it comes to the rights of minorities as seen with the recent controversy with Putin and LGBTQ rights in Russia.

    1. http://en.wikipedia.org/wiki/LGBT_rights_in_Russia#National_laws
    2. http://en.wikipedia.org/wiki/Soviet_Republic

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  2. I feel like the history of Russia is very pertinent in understanding the strong executive structure currently in place. Between 1237-1360, the Russian principalities were all under Mongol rule. Ever since the time of the Mongols’ holdings, strong rulers have been in power in Russia to prevent a similar invasion. In 1605, the nobles of tsarist Russia were without an heir to the throne and were thrown into turmoil without a ruling monarch. They came together to choose a leader in 1613; instead of creating a new form of government, they elect Mikhail Romanov as tsar and began the Romanov dynasty (1). When the October Revolution succeeded in 1917, the Bolsheviks had every intention of working towards a democratic Soviet Russia (2). However, while Lenin is in power in the 1920s, factions within the Communist Party were disbanded and Lenin essentially became an unopposed dictator (2). Finally, there is the current Russian executive structure as Joanna detailed in her post established in 1993. Russia is a large country with over sixteen boarder countries to fear invasion from. Hundreds of years of strong leaders created a habit and preference within the country. However, this trust in strong leadership is not unfounded; despite numerous attempts, Russia has not been invaded since the Mongols. This inspires confidence in a strong executive as much as they may be feared.

    1. Suny, 4 Sept. 2014
    2. Suny, 28 Oct. 2014

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  3. After looking at how the President operates compared to the Prime Minister, I assert that Russia actually operates under president-parliamentarism, instead of premier-presidentialism. Under premier-parliamentarism, the prime minister, the cabinet, and the assembly are accountable to the President (http://en.wikipedia.org/wiki/Semi-presidential_system). Additionally, under president-parliamentarism, the President chooses the prime minister, and possesses the power to dismiss both the assembly and the prime minister (http://en.wikipedia.org/wiki/Semi-presidential_system).

    Like many other countries, the Russian Constitution distinguishes between the head of state and the head of government. Generally, when these two roles are separate, the head of state serves more a symbolic role while the parliament’s appointed Prime Minister, and his cabinet, actually wields the executive power(Lijphart, Ch 6). According to the Russian Constitution, specifically Ch 4 and 6, the Russian President is the head of state (Russian Federation Constitution, Article 80) and executive power is given to the Government of Russia, which is headed by the Chairman of the Government of the Russian Federation (Russian Federation Constitution, Article 110). However, instead of the President serving a more symbolic role, the Russian Constitution actually grants the President significantly more powers than the Chairman of the Government. In fact, the Russian President is an example of one of the strongest executive powers, by possessing all seven powers of executive lawmaking:

    “(1) the power to initiate legislation(Article 84); (2) the power to issue decrees(Article 90); (3) the power to initiate constitutional amendments(Article 85); (4) the power to declare states of emergency(Article 88); (5) veto power(Article 107); (6) the power to challenge the constitutionality of legislation(Article 85); and (7) the power to dissolve the legislature(Article 84)” (https://www.constituteproject.org/constitution/Russia_2008.pdf).

    Furthermore, the Russian President appoints the Chairman of the Government, instead of the legislature choosing from among parliament’s members, and has the power to dismiss both (Russian Federation Constitution, Article 83 & 84).

    Based on this level of power and control that the Russian President has, especially compared to the Chairman, I would argue that this system is almost a pure presidential system, despite the presence of the Prime Minister. From the way the government operates, the President/prime minister relationship is more reflective of a President/Vice President relationship, in that the Russian Prime Minister is serving more a supportive/administrative role.

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