Unbiased Thoughts in View of Introduction of a Bill of the Federal Constitutional Law on the Constitutional Assembly to the State Duma on May 22, 2024

The proposed article discusses various scientific and legal, as well as practical and political aspects of the problem of legislative regulation of the convening of the Constitutional Assembly as the last constitutional body prescribed in the Constitution, but not yet activated, which has exclusive powers to decide on the issue of preserving the invariability of the current Constitution, drafting a new Constitution and its adoption or its submission to a national vote. The paper considers the significance and status of this institution, offers a historical excursion — previous attempts to adopt the law, substantiates the strategic nature of the Constitutional Assembly, the problem of election of its members and the popular vote on the draft of the new Constitution, analyses the correlation between the Constitutional Assembly and the State Duma, makes a proposal on how to update the Constitution of 1993, makes specific comments on the draft law submitted to the State Duma on 22 May 2024, raises the question of the possibility of an integrated approach to the drafting of the new Constitution. The article is oriented towards continuing the discussion on this issue in scientific and practical terms.

Authors

Publication Details

Journal
Constitutional and municipal law
Published
2024-09-19
DOI
https://doi.org/10.18572/1812-3767-2024-9-21-28
Primary Topic
Legal and Policy Issues
Type
article
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article

Unbiased Thoughts in View of Introduction of a Bill of the Federal Constitutional Law on the Constitutional Assembly to the State Duma on May 22, 2024

Oleg Rumyantsev
Constitutional and municipal law
Legal and Policy Issues
article

Unbiased Thoughts in View of Introduction of a Bill of the Federal Constitutional Law on the Constitutional Assembly to the State Duma on May 22, 2024

Oleg Rumyantsev
article en

Abstract

The proposed article discusses various scientific and legal, as well as practical and political aspects of the problem of legislative regulation of the convening of the Constitutional Assembly as the last constitutional body prescribed in the Constitution, but not yet activated, which has exclusive powers to decide on the issue of preserving the invariability of the current Constitution, drafting a new Constitution and its adoption or its submission to a national vote. The paper considers the significance and status of this institution, offers a historical excursion — previous attempts to adopt the law, substantiates the strategic nature of the Constitutional Assembly, the problem of election of its members and the popular vote on the draft of the new Constitution, analyses the correlation between the Constitutional Assembly and the State Duma, makes a proposal on how to update the Constitution of 1993, makes specific comments on the draft law submitted to the State Duma on 22 May 2024, raises the question of the possibility of an integrated approach to the drafting of the new Constitution. The article is oriented towards continuing the discussion on this issue in scientific and practical terms.

Constitutional and municipal law
Openalex Percentile: Top 65%
Legal and Policy Issues
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Unbiased Thoughts in View of Introduction of a Bill of the Federal Constitutional Law on the Constitutional Assembly to the State Duma on May 22, 2024 — Oleg Rumyantsev · Constitutional and municipal law (2024) | TGRS Research Map | TGRS