Novelties of the Soviet Constitutionalism: The Principle of Unity of Powers. Issue 3 (3rd July 2017)

• Record Type: Journal Article
• Authors: Marković, Goran
• Is Part Of: International critical thought. Volume 7:Issue 3(2017)
• Page Start: 345
• Page End: 363
• Publication Date: 2017-07-03
• Subjects: Separation and unity of powers -- assembly government -- legislative and executive political institutions -- Soviet Constitution -- Constitution of the Russian Socialist Federal Soviet Republic; Critical thinking -- Periodicals; Current events -- Periodicals; 153.4205
• DOI: 10.1080/21598282.2017.1356234
• Languages: English
• ISSNs: 2159-8282

Abstract

ABSTRACT: The paper's purpose is to analyze the provisions of the first Soviet Constitution in terms of the relationship between the legislative and executive political institutions, and to examine whether and to what extent the principle of unity of powers had been prescribed. The analysis is based on the legal method, since the competences and the relationship of legislative and executive institutions had been explicitly prescribed by the Constitution. It also contains an analysis of the theoretical approach of the Marxist theoreticians to the system of government. The conclusion is that the Constitution of the Russian Socialist Federal Soviet Republic prescribed the principle of democratic unity of powers, and the system of assembly government, which had been based on the superiority of the representative body over the executive. However, it had not been a "clear" system of assembly government, since the executive (Sovnarkom [the Soviet of People's Commissars]) had some important competences. Although the leading theoreticians of the new regime had not envisaged this possibility, it occurred as the result of the extraordinary circumstances caused by the civil war, as well as of the fact that the Marxist theory on the new system of government had not been developed in all its aspects.