Paul Goble
Staunton,
July 12 – The “dictatorship of law” Vladimir Putin and his regime used to
invoke as a description of his system is “not an alternative to illegality,”
Igor Klyamkin of the Liberal Mission Foundation says. Instead, “it is
illegality acting in the name of law” and thus fundamentally a contradiction in
terms.
In
a comment for the Rosbalt news
agency, the longtime social analyst says that he has at long last understood
why many Russians are put off by the term “’dictatorship of law’” and do not
view it as a term which describes in any way the order of things in Putin’s
Russia (rosbalt.ru/posts/2018/07/12/1716971.html).
They are offended
by the idea not because they view a dictatorship as a bad thing but rather as a
system that hasn’t done enough to impose its will on the population and needs
to take even harsher actions, Klyamkin says.
But in fact, he argues, the situation is just the opposite because “dictatorship”
and “law” are antithetical.
“A dictatorship is a power which is
not limited by law,” and therefore “a dictatorship of law is unlimited power
operating in the name of law both in the elaboration of laws and in their application.” In coming up with new laws, such a regime feels
completely free to violate the constitution; and in applying them, it
selectively enforces them only against its enemies.
“Why is this possible?” Klyamkin
asks rhetorically. Among other reasons, this is because “the very dictatorship
of law was put in place by law. The
exiting Constitution, which violates itself” by proclaiming a division of
powers like other democratic countries, in fact establishes “a fourth branch,
the presidential,” whose power is above all the others.
Were that not the case, he argues,
there would not be any talk of “dictatorship of law.” And indeed, there is far
less talk of it now than there was during Putin’s first term, perhaps because
even the Kremlin leader recognizes that the combination of dictatorship and law
is an oxymoron and will raise questions he doesn’t want any Russian to ask.
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