2017 U. Ill. L. Rev. 767 (2017)
Paradoxes of Constitutional Politics in the Post-Soviet Space

handle is hein.journals/unilllr2017 and id is 781 raw text is: 








PARADOXES OF CONSTITUTIONAL
POLITICS IN THE POST-SOVIET SPACE

                                                   Anna  Fruhstorfer*


       Constitutional politics in autocratic and hybrid regimes has be-
  come  an increasingly popular topic in political-science research. The
  amendment   of constitutions in countries with democratic deficits is a
  commonly identified-although rarely empirically addressed-
  phenomenon.   While it is tempting to disregard the influence of consti-
  tutions in autocratic and hybrid regimes and treat them as shams, re-
  cent research suggests that the power of constitutional politics in a
  nondemocratic  setting cannot be dismissed so quickly. In line with
  this research, I argue that constitutions and constitutional politics
  serve a variety of purposes in countries with democratic deficits-
  both in substance and in effect. Understanding the different roles of
  constitutional politics might contribute to our knowledge on why hy-
  brid and autocratic regimes endure and gain legitimacy. Thus, in this
  Article I aim to assess the extent to which explanations for the fre-
  quency and  occurrence of constitutional amendments-developed for
  the democratic context-also apply for constitutional politics in non-
  democratic regimes, in particular in the post-Soviet area. Based on
  this, I will discuss the dominant role of constitutional politics in this
  regional setting, specifically as a power tool for a patrimonial presi-
  dent in Ukraine and as a trigger for democratization in Georgia.

                           TABLE  OF CONTENTS
I.    INTRODUCTION          ...................................... 768
II.   CONSTITUTIONAL POLITICS IN AUTOCRATIC AND HYBRID
      REGIMES................................................ 769
1II.  RESEARCH   DESIGN        ................................ ....... 774
      A.  Case Selection: The Post-Soviet Area ................... 774
      B.   Operationalization......................           ....... 774
IV.   DATA   ANALYSIS: EXPLAINING   THE OCCURRENCE OF
      CONSTITUTIONAL AMENDMENTS                    ............... ............ 776


767


    * Ph.D., Postdoctoral Researcher at the University of Texas at Austin and at Humboldt-
Universitit zu Berlin. The author acknowledges the support of the Volkswagen Foundation for this
project; Irina Avdeeva provided excellent research assistance. An online appendix and data replica-
tion sets are available at: https://fruhstorfer.me/data/.

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