Page 126 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Unit 6: Socio-Economic Bases and Salient Features of the Constitutions

rights and freedoms. Provisions relating to the Federal Structure, the President of the Federation, Notes
the Federal Assembly, the Government of the Federation, and the Judiciary are contained
respectively in Chapters; 3, 4, 5, 6 and 7. While some provisions relating to local government
are Contained in Chapter 8, the following chapter has provisions relating to amendment and
revision of the Constitution. Art. 15 makes it clear that the Constitution of the Federation has
the supreme legal force applicable to the country as a whole. All laws and decrees of the
Centre and of the governments of the constituent units must conform to it. In this direction, a
notable point is that all laws must be officially published for the sake of general information.
Since the provisions of the Constitution may be amended or revised by special majority of the
two chambers of the Federal Assembly and a bill of this kind is subject to the final verdict of
the people in the form of referendum, it is rigid like the Constitutions of Switzerland and
France.
3. Fundamental Principles: Chapter 1 has a set of 16 principles that constitute the basis of the
Russian constitutional system. It is given that ‘Russia is a democratic federative law-governed
State with a republican form of government’. Man and his rights and freedoms shall be the
supreme value. The recognition, observance and protection of human and civil rights and
freedoms shall be an obligation of the State. Power is vested in the multi-national people of
the country who shall exercise it directly or through their elected deputies. Usurpation of
power is prohibited. The Constitution shall be the supreme law of the land. The Russian
Federation shall consist of the constituent units as republics (states), krays (areas), oblasts
(regions) and cities of federal significance. The Russian Federation shall be a social state
whose policy is aimed at creating conditions ensuring a worthy life and the free development
of human personality. Private as well as public property shall be recognised. The organisation
of the government shall be based on the principle of separation of functions. The system of
local government shall be guaranteed. Ideological and political diversity shall be recognized
and, for this reason, multi-party system shall prevail. The Russian Federation shall be a
secular state. Finally, universally recognised principles and norms of international law as
well as international agreements made by the state shall be an integral part of its legal system.
It shows that under this Constitution, Russia is a democratic, federal, secular and social
welfare state.
4. Internationalism: The Russian Constitution goes much ahead in the direction of including
provisions pertaining to an international order than what is given in Japanese and German
Constitutions. While the Japanese constitution of 1946 declares renunciation of war as an
instrument of national policy, and the German Constitution of 1949 says about the commitment
of the State to observe the principles of international law, the Russian Constitution says about
the commitment of the state to the principles and norms of international law as well as
international agreements made by it. Human rights and freedoms shall be recognised and
guaranteed according to the universally recognized principles and norms of international
law. The enumeration of the basic rights and freedoms in this Constitution should not be
interpreted as a denial or dimunition of other universally recognised human and civil rights
and freedoms. The Russian Federation shall grant political asylum to foreign citizens and
stateless persons in accordance with the universally recognised norms of international law. A
bill passed by the State Duma must be compulsorily examined by the Federation Council if it
is related to war and peace. The Constitutional Court of the Russian Federation may strike
down a law or an order of the government of the Centre or of any constituent unit if it is
inconsistent with an international treaty made by the Federation.
5. Environmentalism: A novel feature of this Constitution should be traced in its recognition of
the norms of sustainable development. It has provisions for the protection of a healthy
environment. Everyone shall have the right to a favourable environment, reliable information
on the state of environment and compensation for damages caused to one’s health and property
by the violation of environmental laws. Everyone shall have the duty to preserve nature and
the environment and to treat the natural resources with care. Law-making on matters relating
to land, water, forest, subsurface resources and environmental protection falls within the

LOVELY PROFESSIONAL UNIVERSITY 121