Us And Russia: Constitutionally Similar?

The Constitution of the Russian Federation, enacted on December 25, 1993, establishes a system of crown-presidentialism, with the president wielding substantial authority over the executive, legislative, and judicial branches. In contrast, the US Constitution, a rigid constitution, outlines a system of checks and balances, diffusing power across three branches of government. While US amendments have aimed to expand citizens' rights and clarify state bodies' roles, Russian amendments have predominantly bolstered presidential power. The 2020 amendments to the Russian Constitution, for instance, abolished presidential term limits and emphasized Russia's succession from the Soviet Union. Despite differences, both constitutions recognize the importance of human rights, judicial independence, and social welfare provisions.

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Presidential powers

The US Constitution outlines the presidential powers and responsibilities in Article II – Executive Branch. The President of the United States holds office for a term of four years and is elected alongside the Vice President.

The President is the Commander-in-Chief of the US Army, Navy, and Militia of the several States, and has the power to grant reprieves and pardons for offences against the US, except in cases of impeachment. They are responsible for ensuring that the laws of the US are executed faithfully. The President has the power to convene one or both houses of Congress during extraordinary occasions, and when Congress cannot agree to adjourn, the President can adjourn them. They also receive ambassadors and other public ministers.

The President has the power, with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur. They also appoint, with the advice and consent of the Senate, ambassadors, public ministers, consuls, and judges of the Supreme Court. The President can fill vacancies that occur during the recess of the Senate by granting commissions, which expire at the end of the next Senate session.

In the case of the President's removal from office, death, resignation, or inability to discharge their duties, the powers and duties devolve to the Vice President. The President is compensated for their services, and this compensation cannot be increased or decreased during their period in office.

Amendments

The Russian Constitution of 1993 is one of the longest-standing in Russian history. It replaced the Soviet-era Constitution of 1978 and abolished the Soviet system of government. The text was drafted by over 800 participants at the 1993 Constitutional Conference and was inspired by the French Constitution and a constitutional project by Mikhail Speransky.

The Russian Constitution has been amended twice significantly since its ratification in 1993. The first substantial amendments were proposed in 2008 to extend presidential and State Duma terms and require an annual report by the prime minister for Duma members. In 2014, eight more amendments were ratified, abolishing the High Court of Arbitration and adjusting prosecutor assignments.

The second set of significant amendments were proposed in January 2020 and approved by popular vote on 1 July 2020. These amendments altered various sections, including presidential terms, social policies, and the role of Russian law over international ones. They also banned same-sex marriage, defined Russia as a successor to the Soviet Union in relation to international organisations, banned ceding Russian territory, and enshrined God in the Constitution.

The 2020 amendments have been criticised for their discriminatory nature and for expanding presidential powers. Professor Ekaterina Mishina highlights that while US amendments aim to expand citizens' rights, Russian amendments tend to strengthen the power of the president. The 2020 amendments created a constitutional structure where the president controls all three branches of power, making impeachment virtually impossible.

The process of amending the Russian Constitution can be complex. Amendments can be put to a referendum, approved by regional legislative assemblies, or accepted using both methods. In the case of the 2020 amendments, a nationwide vote was introduced to legitimise the adoption of the amendments. However, the speed of the process resulted in a lack of time for proper consultation with civil society, and the introduction of additional steps created tension with Article 16 of the Constitution, which safeguards the fundamental principles of the constitutional order.

Judicial branch

The Russian Constitution provides for an independent judiciary, with the judicial branch being separate from the legislative and executive branches. The judiciary interprets and applies Russian law, and it is defined under the Constitution with a hierarchical structure, with the Constitutional Court and Supreme Court at the top. The district courts are the primary criminal trial courts, and the regional courts are the primary appellate courts. The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, and its management is aided by the Judicial Department of the Supreme Court, the Higher Qualification Board of Judges, and the Ministry of Justice, and the various courts' presidents. The Prosecutor General is the most powerful component of the Russian judicial system.

Judicial authority is exercised through constitutional, civil, administrative, and criminal proceedings. Judges are independent and subordinate only to the Constitution and federal law. The Constitution requires 19 judges for the Constitutional Court, but the number of justices for other courts is not specified. Judges are appointed by the regional legislature or elected, and they must be citizens of the Russian Federation, over 25 years old, with a higher education in law and at least five years of legal experience. Federal law may establish additional requirements for judges.

The Russian judicial system has undergone significant changes in recent years. In 2020, amendments to the Constitution broadened the President's authority over the judiciary, including the right to propose the removal of judges, nominate leadership, and appoint the Prosecutor General. These amendments also reduced the number of judges on the Constitutional Court and removed language mandating that cases be decided "self-sufficiently and independently."

The US Constitution also establishes a federal judiciary that is independent of the legislative and executive branches. The US Supreme Court is the highest court in the nation, with the power to interpret the Constitution and federal laws. The US Constitution outlines the structure and jurisdiction of the federal courts, with judges appointed by the President and confirmed by the Senate.

Both the Russian and US Constitutions provide for an independent judiciary, with a hierarchical structure of courts. However, the US Constitution has a more detailed outline of the judicial branch, with specific provisions for the appointment and removal of judges, and the jurisdiction of the courts. The Russian Constitution provides general principles for the judiciary, with more specific regulations outlined in other laws. Additionally, the US Constitution does not grant the President as much authority over the judiciary as the Russian Constitution does.

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Social policies

The Constitution of the Russian Federation, enacted on December 25, 1993, outlines the country's commitment to establishing human rights, freedoms, civic peace, and social welfare. Article 7 (2) of the Constitution proclaims Russia as a social state that actively supports families, the disabled, and senior citizens, providing state pensions, benefits, and social security guarantees. The Constitution also emphasises the importance of preserving state unity and recognising equality and self-determination for all peoples.

In comparison, the US Constitution, while not explicitly mentioning social policies, has been interpreted and amended over time to include various social welfare provisions. For example, the Fourteenth Amendment, adopted in 1868, introduced the concept of "due process" and "equal protection of the laws," which have been used in numerous Supreme Court cases to address social issues such as racial segregation, gender equality, and LGBTQ+ rights. Additionally, the Constitution's Commerce Clause has been used as a basis for federal social legislation, including laws addressing poverty, education, and healthcare.

Both constitutions have undergone significant amendments to address social issues. The Russian Constitution underwent extensive amendments in 2020, altering sections related to social policies, including an amendment on universal pension provision. However, critics argue that these amendments are mostly declarative and propagandistic, with limited impact on improving the lives of Russian citizens. On the other hand, the US Constitution has been amended several times to address specific social concerns. For instance, the Nineteenth Amendment, ratified in 1920, guaranteed women's suffrage, while the Twenty-sixth Amendment, ratified in 1971, lowered the voting age to 18 years old.

The Russian Constitution establishes a strong presidency, with the President being the head of state and setting domestic and foreign policy. This concentration of power in the executive branch has influenced the implementation of social policies. In contrast, the US Constitution establishes a system of checks and balances, distributing power across the executive, legislative, and judicial branches. This separation of powers has often resulted in a more gradual approach to social change, with policies being shaped by the interplay between these branches of government.

While both constitutions recognise the importance of social welfare, they differ in their approaches. Russia's Constitution explicitly mentions social welfare provisions and state support, while the US Constitution addresses social issues through amendments and judicial interpretations, often relying on implied powers and a broader reading of certain clauses to implement social policies. Ultimately, the effectiveness of these social policies depends on various factors, including political will, economic resources, and the specific needs of each country's diverse population.

Human rights

The US Constitution, through its amendments, has historically sought to expand citizens' rights and clarify the roles of state bodies. In contrast, Russian constitutional amendments have tended to strengthen the power of the president and the central government, often at the expense of individual freedoms. For instance, since Putin's return to the presidency in 2012, there has been a legislative attack on many international and constitutional rights, such as freedom of assembly and association. Similarly, in 2006, the activities of many foreign non-governmental organisations were suspended, and in 2015, several NGOs were dissolved following their registration as foreign agents.

The US Constitution, with its Bill of Rights, explicitly outlines and protects the rights of citizens, including freedom of speech, religion, and the right to peaceful assembly. The Russian Constitution also guarantees certain freedoms, such as freedom of religion and equality of all religions before the law, as well as the separation of church and state. However, in practice, Russia has often been criticised for failing to uphold these rights. For example, in 2021, Amnesty International reported that Russian authorities made it extremely difficult for protesters to exercise their right to freedom of peaceful assembly, often using heavy-handed police tactics and restrictive laws to suppress demonstrations.

Another key difference lies in the nature of the two constitutions. The US Constitution is considered a "flexible" constitution, which means it can be amended through a standard legislative process. In contrast, the Russian Constitution is considered "rigid", requiring a special, more complicated procedure for amendments. This rigidity has been used to consolidate power in the executive branch, as seen with the extension of presidential term limits from four to six years, enabling Putin's extended tenure.

Despite these differences, both constitutions recognise the importance of human rights and freedoms. The Russian Constitution, for instance, affirms that its listing of fundamental rights and freedoms does not reject other universally recognised human rights. Similarly, the US Constitution, through the 14th Amendment, guarantees due process and equal protection under the law, demonstrating a commitment to protecting the rights of all individuals.

In conclusion, while both the US and Russian constitutions recognise human rights, they differ significantly in their approaches to defining, protecting, and amending these rights. The US Constitution tends towards expanding citizen rights and distributing power, whereas the Russian Constitution has been used to consolidate power in the executive, often resulting in the erosion of individual freedoms.

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