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Law and Politics
Reference:

1906 1993 :

Kochetkov Vladimir Valeryevich

PhD in Philosophy

Senior Educator, department of State and Municipal Administration, Civil Defence Academy EMERCOM of Russia

117335, Russia, Moscow, Vavilova Street 91, building #2, office #40

vovov69@mail.ru
Other publications by this author
 

 

DOI:

10.7256/2454-0706.2015.9.42684

Received:

01-01-2013


Published:

22-09-2015


Abstract: This article analyzes the original goals and results of the two attempts of constitutionalization of Russia undertaken in 1906 and 1993. Based on these fundamental laws and legal doctrine of the corresponding period, the author demonstrates that the reception of certain constitutional institutions did not result in implementation of constitutional values and principles into the fabric of the state and public life. In author’s opinion, the cause for this lies in the fact that the architypes of Russian authority – the autocracy of the head of state and distinction between the executive and subordinate administration – do not allow to constitutionalize it, which results in only an ostensible constitutionalism. The scientific novelty of this research is the very statement of the question of architypes of Russian authority on the example of analysis of the constitutional texts from the various periods of Russian history. The author comes to the conclusion that in order for constitutionalization of the Russian authority to become possible, it is necessary (based on the axiological understanding of constitutionalism proposed by the author) to overcome its architypes and sequentially implement constitutional values into the Russian state law.


Keywords:

reception, Constitution of the Russian Federation, Fundamental laws of the Russian Empire, archetype of power, legal consciousness, constitutionalization, human rights, freedom, seperation of powers, constitional values

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