1996 Fiscal Year Final Research Report Summary
New Constitution of Russia ; Prnciples and System
| Project/Area Number |
07620020
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Tokyo Metropolitan College (1996)
Tokyo Metropolitan College of Commerce (1995) |
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Principal Investigator |
TAKEMORI Masataka Tokyo Metropolitan College Professor, 教授 (90111062)
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| Project Period (FY) |
1995 – 1996
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| Keywords | Russia / Constitutionalism / Seperation of Powers / Federalism / Local Self-Government / Constitutional Court / Human Right / Transition of Social System |
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| Research Abstract |
New Russian Constitution was adopted by referendum on 12-th december, 1993.
But it did not mean final solution of political struggles nor establishment of Constitutionalism in Russia. Because, this process could not get logic of legalism. It was the process of external Constitutionalism. There is the contradiction between revolution and Constitution, political purposes and legal procedures.
Constitution itself says principles of Constitutionalism, separation of powers, federalism snd Local Self-Government. And constitutional Court works actively. But, President has big power, even legislation function through presidential ukaz. It is not clear from point of separation of powers.
"Constitutional War" or "Legal War" does not resolved. Local Constitutions and Chapters of subjects of Federation do not suit to Federal Constitution. Local Self-government has not established, also.
Russia lives in days of transformation of social, economical and political system. It has not ended. Such situations affect for Constitutional problems. And also, we cannot ignore foctors of Russian historical traditions.
Then we must study more analystic resarches of Constitutinal lives in Russia hereafter also. And on Human Rights we could not say anything this time. It is also following task.
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