of Constituent Assembly delegates. Like other attempts by moderates during 1918 at state-building, this fledgling government, an alternative to the Communist regime in Moscow, was crushed between the militarily predominant Red and White extremes. Viewed by some as a footnote in the creation of the new socialist state, and by others as the end of democracy for the Russian Revolution, the Constituent Assembly’s demise was a perplexing tragedy. See also: CIVIL WAR OF 1917-1922; FEBRUARY REVOLUTION; OCTOBER REVOLUTION; PROVISIONAL GOVERNMENT.
BIBLIOGRAPHY
Radkey, Oliver. (1990). Russian Goes to the Polls: The Election to the All-Russian Constituent Assembly, 1917. Ithaca, NY: Cornell University Press. Smirnov, Nikolai. (1997). “The Constituent Assembly.” In Critical Companion to the Russian Revolution, 1917-1921, eds. Edward Acton, Vladimir Iu. Cher-niaev, and William G. Rosenberg. London: Arnold.
The Constitutional Court was established in July 1991, prior to the breakup of the USSR. The Court was to be made up of fifteen judges, elected by the parliament for a limited life term (until age sixty-five). However, the parliament could agree on only thirteen of the nominees; leaving the other two seats vacant. Modeled on the constitutional courts of Western Europe, especially the German Federal Constitutional Court, it is the only body empowered to review constitutional questions.
Initially, the Constitutional Court, under the leadership of Chief Justice Valery Zorkin, carefully screened the cases it heard, thus attempting to avoid sharp clashes with either the parliament or the president. However, by 1993, Zorkin and several other justices had aligned themselves with the parliament against President Yeltsin. On October 17, 1993, two weeks after his security forces clashed with rioting protestors at the White House (Russia’s parliament building), President Yeltsin issued a decree suspending the Constitutional Court pending the adoption of a new constitution.
318
CONSTITUTIONAL DEMOCRATIC PARTY
The Constitution of 1993 and a new “Law on the Constitutional Court” of July 21, 1994, enlarged the court to nineteen members. Under this new legislation, judges were to be nominated by the President and confirmed by the Federation Council. In order to handle the rapidly increasing caseload, the new law permitted the court to consider multiple cases simultaneously. Under the provisions of the new law, judges no longer served for life; rather they have twelve-year terms. Retirement was made mandatory at the age of seventy.
The Constitutional Court is charged with ruling on the constitutionality of federal laws, presidential enactments, republic constitutions, regional charters, international treaties, and republic, regional and local legislative and executive acts. The court also has the responsibility to resolve juris-dictional disputes between state and legislative bodies at the federal and lower levels.
Access to the Court is relatively unrestricted; most cases require no previous hearing. After hearing oral arguments from interested parties, the judges retire to draft opinions (and, more rarely, dissenting options). Rendering a decision is a slow process, often taking two to four weeks. Decisions of the court are final and not subject to appeal. Although the Court agrees to hear only a small portion of all cases filed, it issues many determinations (opredeleniya) that, although falling short of official decisions, attempt to revolve disputes by referring to previously rendered decisions.
In contrast to the previous court, the Constitutional Court of the Russian Federation initially focused on cases involving the rights of the individual. In the period from 1995 to 1996, more than 70 percent of the cases considered by the court dealt with individual rights, while only 12 percent dealt with separation of powers and 17.6 percent dealt with questions of federalism. The court appeared to be directing its attention to types of cases that would bolster its legitimacy and solidify its place in the judicial system, while avoiding conflicts with other branches of government and with the powerful regional governors.
With the election of President Vladimir Putin in early 2000, the Constitutional Court adopted a more assertive role again, especially in cases relating to Russia’s federal relations. The Constitutional Court ruled that the constitutions of several republics violated the Basic Law of the Russian Federation, forcing them to revise their constitutions to bring them into line with the federal constitution. In contrast, the Court has, with a few notable exceptions, prudently avoided clashing with the President. The future legitimacy and credibility of the Court will depend on its adroitness in avoiding damaging confrontations with powerful state officials in which it cannot prevail, while still rendering meaningful decisions that uphold the primacy of constitutional principles. See also: CONSTITUTION OF 1993; REFERENDUM OF DECEMBER 1993
BIBLIOGRAPHY
Sharlet, Robert. (1993). “The Russian Constitutional Court: The First Term.” Post-Soviet Affairs 9:1-39. Smith, Gordon B. (1996). Reforming the Russian Legal System. Cambridge, UK: Cambridge University Press. Trochev, Alexei. (2002). “Implementing Russian Constitutional Court Decisions.” East European Constitutional Review 11:1-2.
CONSTITUTIONAL DEMOCRATIC PARTY
The liberal Constitutional Democratic Party, or Party of People’s Freedom (known as the Cadets, from the initials of its name), was Russia’s largest political party before 1917. Founded in October 1905, the party’s basic goals were embodied in its name: transformation of Russia into a constitutional, rule-of-law state and democratization of the political and social order. Its program called for civil rights for all citizens, including freedom of speech, assembly, religion, and person; full equality of all before the law; a legislative body elected by equal, direct, universal suffrage (female as well as male); separation of church and state; and greater local self- government. The program also contained important social provisions, including labor protections and the right to unionize and strike, mandatory health insurance and state-funded old age pensions, a progressive income tax, and a state land fund to address peasant land hunger.
At its height, in 1905 and 1906, the Constitutional Democrats had approximately 100,000 members and 346 local party organizations, and was strongest in larger urban areas. Prominent leaders included Peter Struve, Ivan Petrunkevich, Prince Dmitry Shakhovskoy, Vladimir Nabokov, Maxim Vinaver, Andrei Shingarev, and the party head, Paul Miliukov. The composition of the Cadets
319
was diverse, consisting of educated professionals (professors, lawyers, doctors, engineers), low-level white- collar workers and teachers, petty traders, artisans, shop clerks, and some workers and peasants. The party’s commitment to cultural self-determination for minorities was attractive to elements of the empire’s large non- Russian population, particularly Ukrainians, Jews, and Armenians. Thanks to their relative indifference to economic development, the Cadets attracted few of the so-called big bourgeoisie.
The Constitutional Democrats enjoyed their greatest success in March 1906 in Russia’s first-ever national elections, from which they emerged as the largest party in the First Duma with 179 seats. Mutual lack of trust and cooperation between government and Duma resulted in a speedy dissolution, in July 1906. The Cadets again won the largest number of deputies in the elections to the Second Duma, although fiercer competition from socialists reduced their seats to one hundred. Despite liberal efforts to make the Second Duma productive and less provocative, the lower house was dissolved on June 3, 1907. The government simultaneously issued a restrictive new electoral law that disenfranchised many liberal voters, reducing the Cadets in the Third and Fourth Dumas to around fifty-five deputies.
Over the next seven years the party endured government harassment, shrinking membership, and the defeat of most of its reform bills. World War I helped restore the party’s fortunes, as the Cadets wholeheartedly supported the war effort and played a leading role in the Union of Cities and other relief organizations. In the summer of 1915, the Cadets helped orchestrate the Progressive Bloc, a broad, reformist coalition in the Duma that sought to restore public confidence in the war effort.
