Paul
Goble
Staunton, March 3 – Many people have
difficulty distinguishing between a constitution and individual laws, failing
to recognize that the former represents a framework within which the latter can
arise and function by defining the precise functions of different parts of the
government, their interrelationships, and what each can and cannot do.
But Vladimir Putin, London-based
Russian analyst Vladimir Pastukhov suggests, has another problem. For him, the
Russian constitution is not a framework within which the state must function but
rather “something like the CPSU program,” a constantly changing indication of political
intent (mbk-news.appspot.com/sences/dlya-putina-vrode-programmy-kpss/).
“However strange it may be,” Pastukhv says, “Putin in
the amendments to the amendments
revealed much more than he did in his project as initially announced. It has
become obvious that he does not understand what a Constitution is and does not understand
it as a legal act. For him, this is something
like a party program” with “false or real ‘goals and tasks.’”
The
Kremlin leader has already gotten what he needs. What matters is that the
population is pleased and impressed. And that is why he may be quite willing to
insert the word “God” in the document so that “in 2030, the state-forming
Russian people thanks to God will live
under communism.”
The
danger f some proposed changes, such as the ban on gay marriages, is clear
because they attack fundamental rights however much they may be attractive to the
Russian population, Pastukhov continues. But the real danger of most is that “it
is completely impossible to predict how they will be interpreted or put into
practice.”
Making
reference to God “will not harm anyone,” he suggests, “if there is no effort”
to enforce something about it; and referring to Russians as “a state-forming
people” won’t either until someone tries to insist that this gives Russians special
rights relative to the non-Russians in the population.
But
the probability that both the one and the other will be used in a
discriminatory fashion is “extremely high,” and therefore the inclusion of
either represents a danger not only to the meaning of the document as a whole –
they touch on the first two portions of the document which aren’t to be changed
except by extraordinary measures – but also to society.
As far as gay marriages are concerned, the
Russian analyst says, he does not see that they represent a threat to the constitutional
bases of Russian statehood. “But possibly, Russian society hasn’t matured to
the point that it is prepared to decide to recognize single-sex marriages. In
this case, the best decision would be to leave the question open” rather than
set it in the Constitution.
However, if one considers the
constitution to be a program rather than a basic law, as Putin appears to do,
then including all these things may not matter that much or that long however
noxious they are to many. After all, Pastukhov suggests, a new constitution or
party program can always be adopted later.
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