Civil and Human Rights and the Courts under the New Constitution of the Russian Federation

Most of the controversy surrounding the new constitution of the Russian Federation, adopted December 12, 1993, has focused on two subjects: the power of the president vis-a-vis the legislature and the power of the central government vis-a-vis the constituent parts of the Federation. Reasonable minds can differ on whether these issues of separation of powers and federalism are resolved in a fashion most conducive to democratic government. As for its guarantees of civil and human rights, however, the new constitution can only be applauded. The drafters borrowed heavily from the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social, and Cultural Rights; and the United States Constitution. Indeed, in some respects the drafters went beyond those documents. This article reviews and analyzes the substance of the relevant articles and the provisions for their enforcement. Like the United States Constitution, the constitution of the Russian Federation has a supremacy clause. The constitution is given "supreme legal force . . .