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- Title
Teorie e prassi delle costituzioni sovietiche e della costituzione post-sovietica del 1993: dall'URSS alla Federazione Russa.
- Authors
GRAVINA, RENATA
- Abstract
The article aims at rethinking Soviet constitutional evolution from 1918 to 1993, giving also evidence to the pre-Soviet constitutional phase and to the post-Soviet constitutional phase, which represent an important corollary of the Soviet constitutional parable. One of the main aspects of Soviet constitutionalism is the coexistence between an ethical relativism, founded on a socioeconomic basis and close to nihilism in dealing with moral issues, and, a broad moralizing tendency. Indeed, Russian juridical dualism has been shaped as a continuous dialectic between the legacy of German idealism, which exerted a strong influence on the Russian empire, justifying a metaphysics of unity as a typical trait of Russian philosophical and Legal thought, and the Marxist model, which fostered the materialistic line of the destruction of the law and the state. The constitutional Soviet praxis shifted from the initial Lenin's revolutionary legality to a socialist legality. The socialist principle of legality has been then exceeded from the Stalinist season and later reclaimed, after Stalin's death. Other important constitutional principles were the democratic centralism, the Socialist Legality and the principle of the Communist Party's leading role, until the abolition of art 6 (on the supremacy of the communist party over others). In short, any criticism of previous abuses has never led to lost constitutional centralism and Party control, imposed even through the use of force The simultaneous presence of a system of law and a system of force were partially justified through the ambivalence of the concept of law (pravo), whose broader significance of law has increased the mystical attraction to Sovietism, conceived in fideistic terms, and responsible of the fragility of a legal systems of legitimacy. Dualism represents a permanent feature of Russian cultural manifestations. This dualism connects different historical-constitutional phases. Starting from a pre-Soviet reflection, continuing within 1918-1991 constitutionalism, reaching up to the present, the article would look through an Hegelian cyclical methodology the premises of Sovietism, his apotheosis, and the constitutional reconstruction phase coinciding above all with Putin constitutional post-Sovietism.
- Subjects
RUSSIA; CONSTITUTIONALISM; CONSTITUTIONS; FEDERAL government; DEMOCRATIC centralism; PRESIDENTIAL system; SOVIET Union politics &; government
- Publication
Journal of Constitutional History / Giornale di Storia Costituzionale, 2017, Issue 33, p49
- ISSN
1593-0793
- Publication type
Article