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Soviet Constitutional Crisis - From De-Stalinization to Disintegration (Hardcover)
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Soviet Constitutional Crisis - From De-Stalinization to Disintegration (Hardcover)
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Moving from the adoption of the "post-Stalin" Constitution of 1977
through its subsequent implementation under Brezhnev, Andropov, and
Chernenko to the radical legal "restructuring" of the Gorbachev
years, Robert Sharlet traces the gradual evolution of a nascent
constitutionalism in the erstwhile USSR. Sharlet, a noted authority
on Soviet law and constitutional development, demonstrates the
gradual transformation of law from an instrument of Communist Party
rule into the new "rules of the game" for nonauthoritarian
political development. In effect, he argues, one of Gorbachev's
most durable achievements may be his redefinition of Soviet
politics into a legal idiom along with his relocation of
policymaking from behind the closed doors of Party conclaves into
the more open, emergent arena of constitutional government. In
analyzing the politics of law from the Brezhnev era to the rise of
Yeltsin, the author takes account of the "war of laws", the
symbolic uses of the Soviet constitution, and even the fact that
the leaders of the failed coup attempted to justify their seizure
of power on constitutional grounds. Constitutionalism has
sufficiently suffused Soviet public life, the book concludes, that
most of the sovereign republics as successors to the former USSR,
have begun designing their futures - to varying degrees - in
constitutional forms.
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