Undermining Trial by Jury in Russia in Counterterrorism and the Wider Criminal Law
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Fergal F Davis
Senior Lecturer in law and member of the Australian Research Council Laureate. Fellowship: Anti-Terror Laws and the Democratic Challenge Project in the Gilbert + Tobin Centre of Public Law, University of New South Wales Australia.
and
Svetlana Tyulkina
Postdoctoral Research Fellow on the Australian Research Council Laureate. Fellowship: Anti-Terror Laws and the Democratic Challenge Project in the Gilbert + Tobin Centre of Public Law, University of New South Wales Australia.
Abstract
The re-adoption of trial by jury in Russia in 1993 was heralded as a significant break with the discredited legal system of a crumbling regime. However, in less than twenty years the jury in Russian criminal trials has been significantly undermined; that process is particularly evident in the field of counterterrorism. This article examines the history of trial by jury in Russia, the constitutional and legislative provisions adopted in the 1990s, and the rolling back of these provisions in the first decade of the twenty-first century. Given the adoption of jury trial in a number of democracies in the early 1990s the underlying causes of the rapid Russian retrenchment are of significance beyond the Russian Federation. The jury was not a legal transplant in Russia and it was hoped that conditions were fertile for the jury to flourish. This has not proven to be the case: Russian jury trial may have a long history but it has shallow roots.
About the authors
Senior Lecturer in law and member of the Australian Research Council Laureate. Fellowship: Anti-Terror Laws and the Democratic Challenge Project in the Gilbert + Tobin Centre of Public Law, University of New South Wales Australia.
Postdoctoral Research Fellow on the Australian Research Council Laureate. Fellowship: Anti-Terror Laws and the Democratic Challenge Project in the Gilbert + Tobin Centre of Public Law, University of New South Wales Australia.
© 2017 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Inhalt
- Table of Contents
- Articles
- Adam Smith’s Lectures on Jurisprudence – Justice, Law, and the Moral Economy
- Undermining Trial by Jury in Russia in Counterterrorism and the Wider Criminal Law
- Notes
- Contemporary United States Law Regarding Online Social Media Libel Standards on the 50th Year Anniversary of Times v Sullivan and 40th Year Anniversary of Gertz v Welch
- Comparing Constitutional Adjudication
- Developments Austria
- Strengthening the Judicial Review System in Austria
- Data Retention: A Violation of the Right to Data Protection
- Data Retention: Directive invalid – Limits imposed by the Principle of Proportionality exceeded
- Data Retention: As to the Admissibility of the Applications − A Reversal of Trend in the Jurisdiction?
- Developments CEE
- Slovak Constitutional Court: Tax and Delegated Legislation from a Constitutional Perspective
- Book Reviews
- Armin von Bogdandy and Ingo Venzke, In wessen Namen? Internationale Gerichte in Zeiten globalen Regierens (In Whose Name? A Public Law Theory of International Adjudication), Suhrkamp, 2014, ISBN 9783518296882 (paperback), 383 pp
Articles in the same Issue
- Inhalt
- Table of Contents
- Articles
- Adam Smith’s Lectures on Jurisprudence – Justice, Law, and the Moral Economy
- Undermining Trial by Jury in Russia in Counterterrorism and the Wider Criminal Law
- Notes
- Contemporary United States Law Regarding Online Social Media Libel Standards on the 50th Year Anniversary of Times v Sullivan and 40th Year Anniversary of Gertz v Welch
- Comparing Constitutional Adjudication
- Developments Austria
- Strengthening the Judicial Review System in Austria
- Data Retention: A Violation of the Right to Data Protection
- Data Retention: Directive invalid – Limits imposed by the Principle of Proportionality exceeded
- Data Retention: As to the Admissibility of the Applications − A Reversal of Trend in the Jurisdiction?
- Developments CEE
- Slovak Constitutional Court: Tax and Delegated Legislation from a Constitutional Perspective
- Book Reviews
- Armin von Bogdandy and Ingo Venzke, In wessen Namen? Internationale Gerichte in Zeiten globalen Regierens (In Whose Name? A Public Law Theory of International Adjudication), Suhrkamp, 2014, ISBN 9783518296882 (paperback), 383 pp
