Krieg, wie er auch hieße
Wie das russische Recht das Sprechen und das Schweigen formt
Wie das russische Recht das Sprechen und das Schweigen formt
How Russian Law Shapes Language and Instills Silence
The case of Russia teaches us how dangerous extra-constitutional constitution making can be – and that it should always be just a last resort. No substantive institutional changes should be made outside of the constitutional bounds. Otherwise, there will always be the danger that breaking the rule of law will continue even after constitutional change has taken place. This is precisely what Russian intellectuals and jurists, who supported Yeltsin in 1993, learned under the rule of Vladimir Putin. We should try to avoid repeating their mistakes.
The prospect of Russian withdrawal from the Council of Europe has been actively discussed during the past two months, including two excellent contributions on this blog. However, as often in cases of state backlash/pushback against international courts, the focus has mostly been on the external dimensions. States, though, are rarely ‘black boxes’, where different political actors have a uniform approach. Russia, despite its highly centralized appearance, is no exception. This post outlines the domestic state of play and contrasts the positions of interested parties.