Amending the Russian Constitution as Symbolic Politics: 1993-2020

Amending the Russian Constitution as Symbolic Politics: 1993-2020


Malinova O.Yu.,

National Research University Higher School of Economics, Moscow, Russia; Institute of Scientific Information for Social Sciences, Russian Academy of Sciences, Moscow, Russia, omalinova@mail.ru


elibrary_id: 197217 | ORCID: 0000-0002-2754-8055 | RESEARCHER_ID: J-7893-2015


DOI: 10.17976/jpps/2021.03.03

For citation:

Malinova O.Yu. Amending the Russian Constitution as Symbolic Politics: 1993-2020. – Polis. Political Studies. 2021. No. 3. P. 17-37. (In Russ.). https://doi.org/10.17976/jpps/2021.03.03


The article was prepared within the framework of the Academic Fund Program at the HSE University in 2020–2021 (grant № 20-01-058).


Abstract

Constitutions are not simply political and legal documents; they are also complex political symbols that convey a manifold content and invite various interpretations. This article provides a review of the approaches to political symbolical analysis of constitutions. After this more general view, the author focuses on the symbolic competition of interpretations and explores the discussions about amending the Russian Constitution that took place from 1993 to 2020. The research is based on publications by official websites and media. The author demonstrates that the political crisis of 1993, which resulted in adoption of “Yeltsin’s” Constitution, played a formative role in shaping the identities of political forces that consolidated in the 1990s. The groups occupying different positions in the political spectrum included different meanings in the Constitution. They considered amendments not just as a tool for changing rules, but also as a vehicle for their desired values. Comparing the amendments adopted in 2020 reveals their connections with the previous symbolic struggle. In 2020, soon after deciding to adopt significant but “dotty” amendments to the Constitution which made it possible to “null” Vladimir Putin’s previous presidential terms, the Russian ruling elite opted for adding some value principles as were proposed before. Analysing the symbolism of the process behind crafting these amendments reveals their populist nature. The president was the true chief arbiter behind the proposals supposedly “from below” that were presented by a special working group. The legitimization of the amendments was delegated to the people who should vote for the total package. The elite groups, who had struggled to add amendments for years, were largely deprived of any opportunity to influence decisions. The new amendments did not cancel those parts of the “unchangeable” chapters that drew major criticism from both the Communists and the Conservators. The most disputable amendments were formulated rather ambiguously. Thus, overall, neither segment of critics of the Constitution turned to be really satisfied by the amendments. 

Keywords
symbolic politics, constitutional process, political crisis of 1993 in Russia, political and ideological spectrum, conservative turn, constitutional reform of 2020 in Russia, the Constitution of Russian Federation.

Дополнительные материалы

References

Baas L.R. 1979. The Constitution as Symbol: The Interpersonal Sources of Meaning of a Secondary Symbol. – American Journal of Political Science. Vol. 23. No. 1. P. 101-120. https://doi.org/10.2307/2110774

Baas L.R. 1984. The Primary Sources of Meaning of a Secondary Symbol: The Case of the Constitution and Ms. Murphy. – Political Psychology. Vol. 5. No. 4. P. 687-705. https://doi.org/10.2307/3791237

Cassirer E. 2020. The Philosophy of Symbolic Forms. 3 vols. London: Routledge. 1412 p.

Edelman M. 1971. Politics as Symbolic Action. Mass Arousal and Quiescence. Chicago: Markham Publishing Company. 188 p.

Edelman M. 1972. The Symbolic Uses of Politics. Urbana: University of Illinois Press. 201 p.

Evans A. 2015. Ideological Change under Vladimir Putin in the Perspective of Social Identity Theory. – Demokratizatsiya: The Journal of Post-Soviet Democratization. Vol. 23. No. 4. P. 401-426.

Gill G. 2013. Symbolism and Regime Change: Russia. Cambridge: Cambridge University Press. 246 p. https://doi.org/10.1017/CBO9781139381673

Goode P.J. 2019. Russia’s Ministry of Ambivalence: the Failure of Civic Nation-Building in Post-Soviet Russia. – Post-Soviet Affairs. Vol. 35. No. 2. P. 140-160. https://doi.org/10.1080/1060586X.2018.1547040

Mead G.H. 1956. The Social Psychology of George Herbert Mead. Chicago: The University of Chicago Press. 296 p.

Oversloot H. 2007. Reordering the State (without Changing the Constitution): Russia under Putin’s Rule, 2000-2008. – Review of Central and East European Law. Vol. 32. No. 1. P. 41-64. https://doi.org/10.1163/092598807X165569

Přibaň J. 2004. Reconstituting Paradise Lost: Temporality, Civility, and Ethnicity in Post-Communist Constitution-Making. – Law & Society Review. Vol. 38. No. 3. Р. 407-432. https://doi.org/10.1111/j.0023-9216.2004.00052.x

Přibaň J. 2006. The Time of Constitution-Making: On the Differentiation of the Legal, Political and Moral Systems and Temporality of Constitutional Symbolism. – Ratio Juris. Vol. 19. No. 4. P. 456-478. https://doi.org/10.1111/j.1467-9337.2006.00339.x

Ruutu K. 2010. Future, Past and Present in Russian Constitutional Politics: Russian Constitutions in a Conceptual-Historical Perspective. – Review of Central and East European Law. Vol. 35. No. 1. P. 77-110.

https://doi.org/10.1163/157303510X12650378240034

Schmid U. 2010. Constitution and Narrative: Peculiarities of Rhetoric and Genre in the Foundational Laws of the USSR and the Russian Federation. – Studies in East European Thought. Vol. 62. No. 3-4. P. 431-451. https://doi.org/10.1007/s11212-010-9122-y

Sharlet R. 1997. The Politics of Constitutional Amendment in Russia. – Post-Soviet Affairs. Vol. 13. No. 3. P. 197-227. https://doi.org/10.1080/1060586X.1997.10641437

Shevel O. 2011. Russian Nation-Building from Yel’tsin to Medvedev: Ethnic, Civic or Purposefully Ambiguous? – Europe-Asia Studies. Vol. 63. No. 2. P. 179-202. https://doi.org/10.1080/09668136.2011.547693

 

Malinova O.Yu. 2010. Symbolic Politics and Construction of Macro-Political Identity in Post-Soviet Russia. – Polis. Political Studies. No. 2. P. 90-105. (In Russ.)

Malinova O.Yu. 2012. Symbolic Politics: Contours of the Research Field. – Simvolicheskaia politika [Symbolic Politics]. Issue 1. Moscow: INION RAS. P. 5-16. (In Russ.)

Malinova O.Yu. 2020. Memory about the 1993 Crisis and Emergence of the Russian Constitution in the Political Discourse of 2000-2010s. – Politeia. No. 1. P. 39-60. (In Russ.)

Medushevsky A.N. 2020. Constitutional Reform in Russia: Substance, Directions and Implementation. – Social Sciences and Contemporary World. No 1. P. 39-60. (In Russ.) https://doi.org/10.31857/S086904990008510-3

Melville A.Yu. 2017. Neoconservative consensus in Russia? (Principal Components, Factors of Sustainability, Potential of Erosion). – Politeia. No. 1. P. 29-45. (In Russ.)

Sheinis V.L. 2006. Vlast’ i zakon:Politika i Konstitutsii v Rossii v XX-XXI vekakh [Authority and Law: Politics and Constitutions in Russia in 20-21st Centuries]. Moscow: Mysl’. Publ. 1088 p. (In Russ.)

Vlast’ i lidery v vosprijatii rossijskikh grazhdan. Chetvert’ veka nabliudeniy [Authorities and Leaders in Russian Citizen’s Perceptions. A Quarter of a Century of Observations]. 2019. Ed. by E.B. Shestopal. Moscow: Ves’ Mir. (In Russ.) 

Content No. 3, 2021

See also:


Verlaine M., Shashkova A.V., Kudryashova E.V.,
Amendments to Russian Constitution and International Institutions Decisions: EAEU Prospective. – Polis. Political Studies. 2020. No5

Sheynis V.L.,
Constitutional Court in the Twists of Russian History. – Polis. Political Studies. 2016. No3

Makarenko B.I.,
Unfinished chronicle. – Polis. Political Studies. 2014. No3

Alyushin A.L.,
Breaches of Legal Continuity in 20th Century Russia’s History. – Polis. Political Studies. 2005. No3

Pastukhov V.B.,
At the constitutional threshold. challenges and answers of the russian constitutionalism. – Polis. Political Studies. 2013. No1


Screen version