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Tag: Constitution

Constitutional reform process in Belarus: recent trends and developments

Constitutional reform is a hot topic in and outside of Belarus. Two approaches are currently underway: one led by Alyaksandr Lukashenka and another by the opposition, led by Sviatlana Tsikhanouksaya.

The need for change to the Belarusian constitution was announced long before the events of 2020, and both Alyaksandr Lukashenka and the opposition have initiated a process after the election. The opposition has emphasised the need for changes to the constitution by the political crisis while Lukashenka’s initial interest in constitutional reform was two-fold: to calm the protests and to assure Russia that he can maintain control over the situation. Based on an official proposal recently announced, the changes proposed by Lukashenka’s constitutional commission do not encompass substantive change to the existing non-democratic model, making it even more bureaucratic and slow.

September 12, 2021 - Hanna Vasilevich

EU and national law: which is ‘superior’?

Ongoing disputes between the EU and some its member states are deeply rooted in the problematic relationship between EU law and national constitutional orders. Whilst the general public remain unaware of these issues, lawyers do not intend to resolve them.

August 10, 2021 - Michał Jerzy Dębowski

The art of constitutional seduction. The 2020 case of Russia

On July 3rd 2020 Russian President Vladimir Putin signed a decree on the official publication of the revised version of the Russian constitution, based on the Russian-wide voting on amending the constitution. The motivation of the process was clear – to allow Putin to stay in power almost indefinitely. Yet it also reveals the legal tricks and manipulation Russian authorities have used to make significant changes to the country’s legal order.

Imagine you are a skilled autocrat ruling over a nation for a long time. Unlike your dim, obsolete neighbours, you have successfully developed a personalist regime without any flagrant constitutional violations or manipulations. Even if you ever engaged in a constitutional modification process, you have always been careful and attentive, even to the tiniest technical issues of such an enterprise. No one can ever question the legitimacy of your previous endeavours because you are the master of legal disguise.

September 7, 2020 - Oleksandr Marusiak

History as a battleground: What’s next in Russia’s constitutional reform?

Earlier this year, Russia’s President Vladimir Putin proposed a range of sweeping constitutional changes to ensure a favourable power transition scenario for the country’s leadership. The reform would also allow Kremlin-linked historians and policy advisers to introduce an alternative, politically advantageous narrative of the Second World War, as the past takes on increased significance in legitimising the regime.

February 18, 2020 - Anastasiia Starchenko

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