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Record W4296426115 · doi:10.22215/cjers.v15i1.3286

The Impact of the 2020 Constitutional Changes on Authoritarian Constitutionalism in Russia: Judicial Pragmatism Between the Russian Constitutional Court (RCC) and the State

2022· article· en· W4296426115 on OpenAlexaffvenue
Alexandra Yao

Bibliographic record

VenueThe Canadian Journal of European and Russian Studies · 2022
Typearticle
Languageen
FieldSocial Sciences
TopicLegal and Policy Issues
Canadian institutionsUniversity of Toronto
Fundersnot available
KeywordsConstitutionalismLawPolitical scienceAuthoritarianismConstitutional courtState (computer science)ShareholderSeparation of powersAdjudicationJudicial independenceLaw and economicsEconomicsSupreme courtCorporate governanceDemocracyConstitutionPolitics

Abstract

fetched live from OpenAlex

In 2003 Yukos, the largest private oil company in Russia at the time, was in the middle of merger talks with ChevronTexaco and ExxonMobil, an unprecedented deal which would have created the largest oil company in the world. The other shoe dropped when later that year, Yukos CEO Mikhail Khodorkovsky was arrested on charges of tax fraud. Yukos was sold for parts in court-mandated auctions and through a series of manoeuvres, eventually acquired by state oil company Rosneft. Since Yukos was auctioned off at staggeringly low prices, Yukos shareholders suffered a tremendous loss of capital and have since appealed to the international courts. For nearly two decades, the shareholders and the Russian government have continued to overturn and reinstate compensation rulings of a $50 billion payout in international courts.
 My research question is: what are the implications of the recent constitutional changes on authoritarian constitutionalism in Russia and judicial pragmatism between the RCC and the state?
 This paper is threefold: In Part I, I trace the authoritarian constitutionalism balancing act in Russia since the dissolution of the Soviet Union. In Part II, I trace key developments of the Yukos trials and the immediate responsive constitutional changes in Russia to argue that the Yukos trials were the elephant in the room in major Russian Constitutional Court (RCC) decisions. In Part III, I illustrate the severity of the recent constitutional changes in Russia for judicial independence.
 I argue that the constitutional changes accelerated by the Yukos trials have offset the RCC’s balancing act of judicial pragmatism with the state by formally erasing the separation of powers between the executive and the judiciary.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.005
metaresearch head score (Gemma)0.001
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesScience and technology studies
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.915
Threshold uncertainty score0.992

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0050.001
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0090.025
Scholarly communication0.0000.000
Open science0.0010.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.037
GPT teacher head0.323
Teacher spread0.286 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; both teacher heads agree on what is shown here.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2022
Admission routes2
Has abstractyes

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