Vol. 7 No. 7 (July 1997) pp. 381-382.

CONSTITUTION-MAKING IN THE REGION OF FORMER SOVIET DOMINANCE by Rett R. Ludwikowski. Durham and London: Duke University Press, 1996. 641 pp. Cloth $75.00. ISBN 0-8223-1802-4.

Reviewed by William Kitchin, Department of Political Science, Loyola College, Baltimore, MD, USA.
 

Rett Ludwikowski’s comprehensive description of the constitutions of the countries formerly under Soviet dominance and the processes through which those constitutions were drafted is extraordinary in its comparative breadth. The book covers the transitional experiences of all of the countries indicated by the title and gives the reader a succinct rendition of the factual environments within which the new constitutions were drafted. Thus, if one wants an introductory sketch of the facts of the Czech-Slovak divorce or of the degree to which the Kazakh constitution protects human rights, or something else along those lines, this book is the convenient starting place.

The first major chapter of the book describes the socialist constitutions of the various countries prior to the collapse of European communism. This chapter is basically a formalistic analysis of the documents themselves and clearly sets forth the principles of those Soviet-inspired constitutions. Ludwikowski’s lawyerly analysis is largely text-oriented, and he does not ask the types of questions or engage in the types of analysis (or speculation) more typical of political scientists. For example, Ludwikowski’s exposition of the principles of the socialist constitutions is, though not exciting, sufficient in its clarity and breadth. However, he does not go beyond description. A political scientist, confronted with the disparity between the principles declared in socialist constitutions and the general failure to put those principles into practice, might ask why the constitutions made the empty declarations in the first place and what actually was achieved by the declarations. One might even ask whether other declarations of the socialist constitutions (for example, equality) have infused themselves into the political culture such that post-Soviet legal regimes and constitutions have been affected. This book does not address those types of questions, but given that qualification, the book is, nevertheless, a useful introduction to the topics it covers.

In the chapter entitled "Political and Constitutional Reforms of the Glasnost and Postglasnost Periods," Ludwikowski covers the tumultuous political reforms of the later Gorbachev years and the early post-Soviet years. The student at the introductory will be satisfied, indeed well-served, by this chapter, but the specialist will be disappointed with the generality and selectivity of the treatment. For example, the Soviet Committee on Constitutional Oversight (which was historic and committed in its philosophical dismantling of the machinery of Soviet human rights abuses) and its contributions of the late Gorbachev era are not even mentioned. Perhaps the most articulate and daring voice of Soviet juridical reform during the Gorbachev years--- Sergei Alekseev --- is never mentioned. The Russian Constitutional Court, though a difficult and moving target, similarly receives cursory and superficial treatment (pp. 64-65). Moreover, the discussion of "fundamental freedoms and rights" under the new constitutions is text-bound and descriptive. The author lays out crisply and clearly the constitutional provisions related to rights and liberties for the Russian and other constitutions but gives little or no recognition to the crucial importance of implementing legislation which will determine the actual content of the constitutional aspirations. Indeed, in Russia and in most of the other countries, implementing legislation is still thin.

The strongest chapter is chapter 4, "Constitution-Drafting in the Former People’s Republics of East-Central Europe." Ludwikowski provides for each of the relevant countries an introduction to the historic facts of the political and economic transformations from the late 1980's forward, the specifics of the drafting of the new constitutions for these countries, and the constitutional treatment of fundamental rights. This chapter is particularly useful to the student seeking a clear, concise synopsis of the constitutional decisions and compromises made during the early reform period for a particular country.

Ludwikowski briefly addresses the question of whether there is a conceptual core uniting these new constitutions, whether a "constitutional model" has emerged. His brief answer is "no." All of the countries wrestled with whether to go the presidential route or the parliamentary route. Ingredients of both presidentialism (American or French) and parliamentarianism can be found in the constitutional arrangements of most of the new political systems, though Ludwikowski believes that experience more than constitutional design will eventually determine the actual operating system which any given country actually has. The author notes that there is great variety in the degree to which the various constitutions textually embrace market economics and somewhat more widespread embracing of the notions of separation of powers and unicameralism. Judicial review in one form or another has been widely endorsed in the new constitutional arrangements, at least philosophically though perhaps not yet practically.

Ludwikowski’s descriptions reveal no clear consensus among the constitutions concerning the nature or scope of human rights. Certain constitutions assume that rights are "inalienable" and others proclaim that rights are "granted" by the state. Certain constitutions reflect the socialist practice of proclaiming broad social and economic rights. The socialist ideas that certain duties closely accompany one’s rights and that an individual’s rights are not so expansive as to injure the interests of the state are present in certain of the new constitutions.

The comparativist will find this book a useful reference. It provides a very good introduction to the new constitutions of the area of former Soviet dominance and is a logical starting place for the reader seeking a quick handle on the new constitution of a particular country of this region. The book does have the English language texts of the various constitutions, enhancing the use of the book as an introductory text in comparative constitutional law. The fact that this book is introductory is perhaps an advantage as long as the reader is aware of that aspect ahead of time. (Moreover, given the quality of Ludwikowski’s past publications, one can speculate that this book represents the necessary, factual work preceding future analyses of greater depth and insight from him.) The strongest points of the book are its comprehensiveness and comparative approach; the weakest points are the selectivity of what is included in the text and the barely adequate index.


Copyright 1997