Countermajoritarian Institutions in the Russian Constitution of 1993 as an Instrument Ensuring Constitutional and Political Stability

• Author: S. Shakhray - S. Popova
• Position: Lomonosov Moscow State University (Moscow, Russia) - Institute of Socio-Political Research of the Russian Academy of Sciences (Moscow, Russia)
• Pages: 78-92

BRICS LAW JOURNAL Volume V (2018) Issue 1

CounTERMaJoRITaRIan InSTITuTIonS

In THE RuSSIan ConSTITuTIon oF 1993 aS an InSTRuMEnT EnSuRInG

ConSTITuTIonaL anD PoLITICaL STaBILITY

SERGEY SHAKHRAY,

Lomonosov Moscow State University (Moscow, Russia)

SVETLANA POPOVA,

Institute of Socio-Political Research of the Russian Academy of Sciences

(Moscow, Russia)

DOI: 10.21684/2412-2343-2017-5-1-78-92

The article enriches the discussion on the legal reasons and conditions fostering the

viability of democratic constitutions by analyzing the rich experie nce of the Russian

Constitution of 1993. Particular attention is paid to the concept of countermajoritarian

institutions. The authors elaborate the idea that countermajoritarian institutions can

play an important role in ensuring the viability (put in other terms, the proper balance

between stability, adaptabilit y, and dynamic development) of modern democratic

constitutions as well as political regimes.

The article presents evidence-based data showing that the President and the Constitutional

Court of the Russian Federation systematically acted as countermajoritarian institutions

at the initial stage of the implementation of the “blueprint for the future” set down in the

1993 Russian Constitution. As a result of the activities of these institutions, strong legal

frameworks were created that are necessary for the establishment of a new constitutional

system of the Russian state and law.

Today, the Russian Constitution of 1993 is one of the longest lasting democratic constitutions

in the world (the average “life expectancy” of democratic constitutions adopted over the

past 250 years is about seventeen years). The study of the countermajoritarian provisions

in the 1993 Russian Constitution is of both theoretical and practical impor tance. In

particular, the results of the study can be useful in creating ecient legal instruments for

the maintenance of political stability and social development management both within

sovereign states and within interstate communities.