Eleanor Finch
The Russian Constitution and the US Constitution differ in several key ways. The Russian Constitution, established in 1993, is one of the longest-standing in the country's history and provides for a strong presidency, with the president holding the power to dissolve the State Duma. The US Constitution, on the other hand, establishes a system of checks and balances to ensure that no one branch of government becomes too powerful. Additionally, while the Russian Constitution creates a system of crown-presidentialism that concentrates power in the office of the president, the US Constitution establishes a democratic system with a separation of powers between the executive, legislative, and judicial branches. Furthermore, the Russian Constitution has undergone several amendments, including recognizing Russia as a successor to the Soviet Union and enshrining traditional values, while the US Constitution has a more established amendment process with stricter requirements for modifications.
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What You'll Learn
Presidential powers
The Russian Constitution of 1993 establishes a system of crown-presidentialism, which affords the President vast powers to dominate executive, legislative, and judicial power. The President of Russia is the "Supreme Commander-in-Chief of the Armed Forces of the Russian Federation" and has the power to dissolve the State Duma, the lower house of the Federal Assembly of Russia, which is responsible for passing federal laws. The President also has the final veto on bills passed by the State Duma and the Federation Council, although this can be overridden by a two-thirds vote in both chambers.
In comparison, the US Constitution establishes a system of checks and balances, with the President being one of three co-equal branches of government, along with the legislative and judicial branches. While the US President has significant powers, including serving as Commander-in-Chief of the Armed Forces, they are subject to checks and balances from the other branches of government and do not have the same level of dominance as the Russian President.
The Russian Constitution has been amended multiple times to expand presidential powers further. For example, Putin's 2020 constitutional amendments introduced changes that severely limit the ability of the constitution to serve as a statement of founding legal principles and undermine the document's basic guiding principles. These amendments touched on approximately 60 percent of the constitution, leaving a more jumbled and disjointed presentation of Russia's highest law.
One notable difference in presidential powers between the two countries is that the US President has proven able to launch a war effort that elicits mixed responses worldwide, as the US President "borrows on centuries of credibility for American presidential authority." In contrast, the Chechen crisis in Russia served to expand presidential power, with fewer constitutional constraints on the exercise of power during a time of crisis.
Overall, the Russian Constitution provides for a "strong presidency" with the President having dominance over executive, legislative, and judicial power, while the US Constitution establishes a system of checks and balances with the President being one of three co-equal branches of government.
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Judicial independence
The Russian Constitution differs from the US Constitution in several ways, including the degree of judicial independence.
The Russian Constitution, enacted in 1993, establishes a system of "crown-presidentialism", concentrating significant power in the office of the president across executive, legislative, and judicial branches. The Russian Constitution outlines a hierarchical judicial structure with the Constitutional Court and Supreme Court at the apex. The Supreme Court is the highest court, overseeing lower courts of general jurisdiction. The judiciary is governed by the All-Russian Congress of Judges, aided by the Judicial Department of the Supreme Court, the Higher Qualification Board of Judges, the Ministry of Justice, and various courts' presidents. The Prosecutor General is the most powerful component of the Russian judicial system and is independent of the executive, legislative, and judicial branches.
While the Russian Constitution provides for judicial independence, this principle has been undermined in practice. There have been reported violations of the separation of powers, attempts to undermine jury trials, issues with access to justice, and problems with court infrastructure and corruption. Amendments to the Constitution in 2014 eliminated the Higher Arbitration Court, transferring its responsibilities to the Supreme Court. Further amendments in 2020 altered provisions regarding presidential terms, social policies, and the precedence of Russian law over international law.
In contrast, the US Constitution, which is the oldest written constitution still in use, establishes a system of checks and balances to ensure the independence of the judiciary. The US Constitution outlines a federal court system with the Supreme Court at the top, followed by lower federal courts and state courts. The US Constitution grants Congress the power to establish lower federal courts and determine their jurisdiction.
The US Constitution's focus on judicial independence is evident in the appointment and tenure of judges. It establishes a process for appointing Supreme Court justices, with the President nominating and the Senate confirming nominees. The Constitution also provides for the independence of judges by guaranteeing lifetime tenure, ensuring they serve during "good behaviour", which promotes impartial decision-making without fear of removal.
While both constitutions recognise the importance of judicial independence, the US Constitution's system of checks and balances and its detailed provisions for the judiciary's structure and appointment processes provide stronger safeguards for judicial independence compared to the Russian Constitution's more centralised power structure and history of executive influence over the judiciary.
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Federal legislature
The Russian Constitution differs from the US Constitution in several key ways when it comes to federal legislature.
Firstly, the Russian Constitution establishes a strong presidency, with the president holding significant powers, including the ability to dissolve the State Duma, the lower house of the Federal Assembly. In contrast, the US Constitution establishes a system of checks and balances, with power divided between the executive, legislative, and judicial branches of government.
The Russian Constitution provides for a Federal Assembly consisting of two chambers: the State Duma and the Federation Council. The State Duma is the lower house and holds more power, as it is primarily responsible for passing federal laws. The Federation Council, as the upper house, has different powers and responsibilities. In contrast, the US Congress consists of two chambers with more equal powers: the House of Representatives and the Senate.
The process of passing federal laws also differs between the two constitutions. In Russia, laws must be adopted by a majority vote in the State Duma and then submitted to the Federation Council for examination. If the Federation Council does not approve, a conciliatory commission may be formed, and the law is reconsidered by the State Duma. Ultimately, if the two chambers cannot agree, the law can still be passed with a two-thirds majority vote in the State Duma. In the US, while the specifics of the legislative process may vary, both houses of Congress typically must pass a bill by a simple majority vote, and the President then has the power to sign or veto the bill.
Another difference lies in the amendment process. The Russian Constitution allows for proposals for amendments to be submitted by several entities, including the President, the Council of Federation, the State Duma, and others. The US Constitution, on the other hand, outlines a more structured process, with amendments requiring a two-thirds majority vote in both houses of Congress and ratification by three-fourths of the states.
Additionally, the Russian Constitution recognises the supremacy of its own constitution and federal laws within the country. It also acknowledges the importance of international law and agreements, stating that they should be an integral part of its legal system. However, in cases where an international agreement conflicts with Russian law, the agreement's rules take precedence. In contrast, the US Constitution establishes the supremacy of federal laws but also recognises the sovereignty of state laws and the importance of federalism, with powers divided between the federal government and the states.
Lastly, the Russian Constitution provides for a strong and independent judicial branch, with articles outlining judicial immunity, lifetime appointments, and the supremacy of courts in administering justice. Judges are appointed by the Federation Council based on proposals made by the President. In comparison, the US Constitution establishes an independent judiciary, with federal judges appointed by the President and confirmed by the Senate, serving for life with good behaviour.
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Constitutional amendments
The Russian Constitution of 1993 is one of the longest-standing in the country's history, second only to the Soviet Union's 1936 Constitution. It was drafted by over 800 participants and was inspired by the current French Constitution. The Russian Constitution establishes a system of crown-presidentialism, which provides for a strong presidency with vast powers. The President is the Supreme Commander-in-Chief of the Armed Forces and can dissolve the State Duma (the lower house of the Federal Assembly, which is the legislature). The President also has the power to submit bills for consideration by the State Duma, which has the main responsibility for passing federal laws.
The Russian Constitution provides for a strong and independent judicial branch, with judicial immunity, lifetime appointments, and the supremacy of courts to administer justice. It originally established three main courts: the Constitutional Court, the Supreme Court, and the Supreme Arbitration Court (dissolved in 2014). Judges are appointed by the Federation Council based on proposals made by the President.
In 2020, Russian President Vladimir Putin introduced constitutional amendments that have been criticised for creating contradictions within the document and limiting its ability to serve as a statement of founding legal principles. These amendments include recognising Russia as a successor to the Soviet Union in international organisations and treaties, banning the ceding of Russian territory, and elevating the role of "defenders of the fatherland" in World War II. The amendments also removed term limits for the presidency, allowing Putin to contemplate another two terms and 16 uninterrupted years in power.
The 2020 amendments have been criticised for undermining the basic guiding principles of the 1993 Constitution, which was intended to create a more democratic and law-based country. They have also been seen as contradicting Russia's responsibilities as a member of the Council of Europe and reinforcing a defensive and divisive stance, striking out against dissenting opinions and ethnic minorities.
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Historical context
The Russian Constitution of 1993 is one of the longest-standing constitutions in the country's history. It was drafted by the 1993 Constitutional Conference, which was attended by over 800 participants, and was inspired by the French Constitution and Mikhail Speransky's constitutional project. It replaced the previous Soviet-era Constitution of 12 April 1978, which had been amended in 1992 to reflect the dissolution of the Soviet Union and the sovereignty of the Russian Federation.
The 1993 Constitution was born out of violence and political exhaustion, retaining a strong pro-statist orientation. It is considered the most liberal constitution in Russian history, providing for a "unified system of state power" and creating a system of crown-presidentialism, which affords vast power to the office of the president to dominate executive, legislative, and judicial power. The constitution provides for a strong presidency, with the president acting as the Supreme Commander-in-Chief of the Armed Forces of the Russian Federation and holding the power to dissolve the State Duma.
The Russian Constitution also enumerates a strong and independent judicial branch, providing for judicial immunity, lifetime appointments, the supremacy of courts to administer justice, and affirming that judges need only submit to the constitution and federal law. The original constitution delineated three main courts: the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Supreme Arbitration Court (which was dissolved in 2014).
The 1993 Constitution designated the multinational people of the Russian Federation as the bearers of sovereignty. However, an amendment now refers to the Russian language as the language of the "state-forming people," elevating ethnic Russians in what was theoretically a multiethnic population. The constitution has undergone several amendments, including recognising Russia as a successor to the Soviet Union in international organisations, treaties, and assets outside the Russian Federation, and banning the ceding of Russian territory.
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Frequently asked questions
The US Constitution establishes a Supreme Court as the highest court in the land. The Russian Constitution also establishes a Supreme Court, but it is not the highest court in the land as Russia has a Constitutional Court that takes precedence.
The US Constitution establishes a system of checks and balances that limits the power of the president. The Russian Constitution, on the other hand, provides for a "strong presidency" with vast powers that dominate the executive, legislative, and judicial branches.
The US Constitution has a detailed amendment process that requires a two-thirds majority in both houses of Congress and ratification by three-fourths of the states. The Russian Constitution of 1993 also outlines an amendment process, but Putin's 2020 amendments violated this process by cramming over 200 changes without calling for a constitutional convention as required.
