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How and why do the rule of law ideas shape the origins and functioning of the Russian state and society?
This book explores how, over two centuries, the Russian meaning of the rule of law has been reflected in the legal doctrine, legislation, formal and informal practices of legal and political institutions, and also everyday life and the perceptions of Russian citizens at large and certain minority groups.
The authors argue that legal dualism - the tension between constitutionalism and political expediency - explains the rise and fall of multiple ways in which the parts of the Russian state interact with each other and with citizens, and in which citizens and businesses interact among themselves both at home and abroad.
Explaining the peaceful co-existence of these multiple ways of law, this book goes beyond the mainstream accounts of instrumental uses of law and lawlessness in Russia and offers novel ways of understanding the myriad ways in which law may matter in authoritarian regimes.
Sommario
Introduction: Arbitrary Power and Rule by Law: Legal Dualism, Russian-Style
1. Rule by Law Instead of Rule of Law: Legal Dualism in Russia’s Legal Doctrine
2. Façade, Weapon and Favours: Why and How Russia’s Big Men Use Legal Dualism
3. The Formal and Informal Structures of Legal Dualism in Russia
4. Ordinary People and Legal Dualism in Russia
5. Social Support Structures of Legal Dualism in Russia
6. Globalisation, International Human Rights and Legal Dualism in Russia
Conclusion: Legal Dualism and Its Implications for the State, Society and Law
Info autore
Alexei Trochev teaches law and politics at Nazarbayev University, Kazakhstan.Olga Schwartz is a legal reform expert in the World Bank and European Commission projects in Russia and CIS countries.
Riassunto
How and why do the rule of law ideas shape the origins and functioning of the Russian state and society?
This book explores how, over two centuries, the Russian meaning of the rule of law has been reflected in the legal doctrine, legislation, formal and informal practices of legal and political institutions, and also everyday life and the perceptions of Russian citizens at large and certain minority groups.
The authors argue that legal dualism – the tension between constitutionalism and political expediency – explains the rise and fall of multiple ways in which the parts of the Russian state interact with each other and with citizens, and in which citizens and businesses interact among themselves both at home and abroad.
Explaining the peaceful co-existence of these multiple ways of law, this book goes beyond the mainstream accounts of instrumental uses of law and lawlessness in Russia and offers novel ways of understanding the myriad ways in which law may matter in authoritarian regimes.
Prefazione
This book considers how the rule of law has shaped the origins and functioning of the Russian state and society.
