Law Commons^™

Freedom Of Expression In Post-Soviet Russia, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This Article assesses the freedom of expression in Russia and prospects for its future: what has the Russian state promised its citizens, in what legal forms have those promises been made, and how well are those paper promises being kept in practice? The Article considers recent state actions and statutes enacted to regulate speech, association, and other forms of expression, and determines that these are possible because of the very weak separation of powers in the Russian Federation. The Article concludes by looking at the European Convention on Human Rights as one hope for a power capable of exerting influence …

Vladimir Putin And The Rule Of Law In Russia, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

During his two terms as President of Russia, did Vladimir Putin further the net development of a legal culture in Russia? This article is based on public lectures given in late 2007 and early 2008 at Oxford University, the Norwegian Institute of International Affairs (NUPI), and the Kennan Institute at the Woodrow Wilson International Center for Scholars.

This article examines three "windows" into the development of Russia's legal culture under Vladimir Putin: (1) the Second Chechen War; (2) Russian membership in the Council of Europe; and, (3) renewed efforts under Putin at codification of law, as evidenced by the creation …

Russia's 'Dictatorship Of Law' And The European Court Of Human Rights, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This article is an adaptation of a lecture given at St. Antony's College, Oxford on 5 July 2003 in honor of the fiftieth anniversary of the Centre for Russian and East European Studies at Oxford University. The author evaluates the effect of the European Convention on Human Rights on Russian law and politics. Russia has been a signatory to the Convention for five years. The author argues that the full power of the Convention as a force for reform in Russia was unanticipated at the time of Russia's accession. Nevertheless, the Convention has been the catalyst for substantial reforms, especially …

Russian Compliance With Articles Five & Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform & Human Rights In Russia, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …